IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 12553 of 2008 Between: A. Prabhavathi W/o. Suryanarayana R/o. LIG.460, Bharath Nagar Colony, Hyderabad.18. ..... PETITIONER AND 1 The Competent Office, Rep. by its Executive Engineer,APHB., Bharath Nagar Colony, Hyderbad.18. 2 The Dy. Commissioner, Greater Hyderabad Municipal Corporation, Kukatpally Circle, Hyderabad. 3 Sri. Pushparaju R/o. 459 Bharath nagar Colony, Hyderabad.18. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent threatening and constructing on the Duplex House of the Petitioner bearing No.LIG.460, Bharath nagar Colony, Hyderabad-18, over House without obtaining valid permission from the 1st and 2nd respondents,Justice, consequently direct the 1st and 2nd respondents to take necessary construction on over and above the Duplex House Terrace/Open Place and on the Basement of the petitioner's house bearing No.LIG.460, Bharath nagar Colony, Hyderabad-18, and pass Counsel for the Petitioner:MR.KARRI SURYANARAYANA Counsel for the Respondent No.: SMT.KALPANA EKBOTE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 12553 OF 2008 ORDER: 1. This writ petition has been filed by A. Prabhavathi with a prayer to issue a writ of mandamus declaring the action of Pushparaju-3rd Respondent in making constructions on the duplex house bearing L.I.G. 460, Bharath Nagar Colony, Hyderabad over and above on the terrace/open place and on the basement of the her house as illegal and unlawful. 2. Petitioner is owner of ground floor portion of the premises bearing L.I.G.460, Bharath Nagar Colony, Hyderabad. When the third respondent is proceeding with further construction over the first floor, the petitioner approached this Court by invoking jurisdiction under Article 226 of the Constitution of India with a prayer stated supra. 3. Notice before admission has been ordered on 18-6-2008. Third respondent received notice and entered appearance. 4. Learned counsel appearing for the third respondent submits that the Municipality has already removed the unauthorized constructions without putting him on notice. 5. Whereas the learned counsel appearing for the petitioner submits that the third respondent is proceeding with the unauthorized constructions. 6. In that view of the matter, I deem it appropriate to direct the petitioner to submit a representation to the Respondents No.1 and 2, in the event of unauthorized constructions being made and in which case the respondents No.1 and 2 have to dispose of the representation in accordance with the provisions of law. 7. Accordingly, this writ petition is disposed of. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 2nd July, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 12553 OF 2008 2nd July, 2008.