IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.5220 of 2001 Between: S. Venkatanarayana, S/o Narsaiah, R/o 2-2-415, Kishanpura, Hanamkonda, Warangal District. ..... PETITIONER AND 1 The Municipal Corporation, Rep. by its Commissioner, Warangal. 2 The Kakatiya Urban Development Authority, Rep. by its Vice- Chairman, Warangal. 3 P.Kistaiah, S/o Ilaiah, R/o 2-2-411, Kishanpura, Hanamkonda. .....RESPONDENTS 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 respondents 1 & 2 in permitting and allowing the 3rd respondent to construct ground plus five floors, in the premises 2-2-411, Kishanpura, Hanamkonda as against the permission No.80 in Roc. Gu/4967/98, dt 2.7.98 for ground plus 1st and 2nd floors and also not taking any steps against the 3rd respondent for the deviations as to the constructed area, open place and number of floors as illegal, arbitrary and contrary to the provisions of A.P.Municipal Corporation Act, and direct them a) to take steps to ensure that the construction by the 3rd respondent is restricted only to the sanctioned plan in all respectss b) and not to regularise any diviation of the said structure and pass Counsel for the Petitioner: MR.J.VENKATESWARA REDDY Counsel for the Respondent No.: MR.V.VISWANATHAM The Court made the following: Form-NIC-OGS/WP{PRASAD} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.5220 of 2001 ORDER: Heard both sides. It is the case of the petitioner that he is the owner of House bearing No.2-2-411, Kishanpura, Hanamkonda, whereas the 3rd respondent-P.Kistaiah purchased the house bearing No.2-2-85 which is adjacent to the house of the petitioner and undertaken construction of five floors in 175 sq.yards in deviation of the sanctioned plan. Therefore, it is stated that the petitioner made a representation dated 10.05.2000 before the 1st respondent and another representation dated 25.01.2001 before the 2nd respondent, but the respondents have not taken any action. This Court, while admitting the writ petition on 23.03.2001, directed respondent Nos.1 and 2 to ensure that the construction undertaken by the 3rd respondent in the premises bearing No.2-2-411, Kishanpura, Hanamkonda is in accordance with the sanctioned plan No.80 in Roc.No.Gu/4967/98, dated 02.07.1998. No counter is forthcoming and there is no information as to whether the 3rd respondent has constructed the building in violation of the sanctioned plan and whether respondent Nos.1 and 2 considered the representations of the petitioner. In view of the interim order dated 23.03.2001 passed in WPMP.No.6659/2001, the Writ Petition is disposed of, permitting the petitioner to make a fresh representation before the 1st respondent, closing the earlier representations, if he has any grievance for the present, and on filing such representation, the 1st respondent may consider and dispose of the same, in accordance with law, giving opportunity of hearing to the petitioner as well as the 3rd respondent. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 10.04.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To The Municipal Corporation, Rep. by its Commissioner, Warangal. 2 The Kakatiya Urban Development Authority, Rep. by its Vice- Chairman, Warangal. 3 2. 2CCs to 4. 2CD copies