THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.14199 of 1999 ORDER: The petitioner seeks a declaration that the constructions made by respondents 3 and 4 on the premises bearing Nos.4-1-11 & 11/C of Ramakrishnaiahbagh, Hyderabad are illegal and unauthorized, apart from being contrary to the plans sanctioned by the 2nd respondent. A further direction is sought for cancellation or revocation of the plan, by taking action under Section 450 of the Hyderabad Municipal Corporation Act. In the affidavit filed in support of the writ petition, the dispute between the petitioner, on the one hand, and respondents 3 and 4, on the other, is narrated in detail. It is urged that though the permission accorded to respondents 3 and 4 itself was contrary to law, they have made construction in deviation of that plan also. The 3rd respondent died and his legal representatives are brought on record as respondents 5 to 8. The writ petition was listed for hearing on 05.12.2008. Since there was no representation for the petitioner, it was directed to be listed today for dismissal. There is no representation today also. The record is perused and the arguments advanced on behalf of the contesting respondents are heard. This Court finds it difficult to grant the relief prayed for by the petitioner. The reason is that the question as to whether the construction made by respondents 4 to 8 is contrary to the sanction plan cannot be determined by this Court. Evidence has to be recorded and spot inspection has to be conducted. In addition to that, the petitioner has to establish his independent rights in the context of the said deviations. Such a course would be possible, if only a suit is filed. The writ petition is accordingly dismissed. There shall be no order as to costs. _________ 08.12.2008 JSU THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.14199 of 1999 Date: 08.12.2008 JSU