THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.3249 of 2011 ORDER: The petitioner owns premises bearing No.7-2- 407, 408 and 440 at Mission School Street, R.P.Road, Secunderabad. The 3rd respondent is said to have acquired premises on the eastern side to an extent of 140 square yards from respondents 4 and 5. The grievance of the petitioner is that without obtaining any permission from the Municipal Corporation, the 3rd respondent started excavating in the premises, for the purpose of constructing a cellar portion. He states that the indiscriminate digging to such depth would endanger the safety of his premises, if not the lives of inmates. Heard the learned counsel for the petitioner, learned Standing Counsel for the Municipal Corporation and the learned counsel for the 3rd respondent. The petitioner does not claim any ownership rights over the premises, where the unauthorized construction has been commenced by the 3rd respondent. His grievance is only about the excavation for the purpose of cellar. By the time the writ petition was filed, the 3rd respondent was not granted any permission by the Corporation. On the other hand, the Corporation issued several notices taking objection to the excavation. During the pendency of the writ petition, the 3rd respondent has been accorded permission on 25.11.2011 for construction of ground and first floors. No permission was granted for construction of cellar. Across the Bar, it is stated that though provision was made by the 3rd respondent for construction of cellar, the whole area was filled up with debris, since no permission was accorded for it. Learned counsel for the 3rd respondent submits that his client would not use the cellar, by removing the debris. The said statement is taken on record. The writ petition is accordingly closed. There shall be no order as to costs. _________ 27.12.2011 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.3249 of 2011 Date: 27.12.2011 JSU