HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.17726 of 2011 Date : 30-9-2011 Between: Moghal Mascot Flat Owners Welfare Association, represented by its President .. Petitioner And The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad and others .. Respondents Counsel for petitioners : Sri Syed Jaffer Abbas Nadeem Counsel for respondent Nos.1 & 2: Sri R. Radha Krishna Reddy Counsel for respondent Nos.3, 4 & 6: Sri Nazir Ahmed Khan Counsel for respondent Nos.5 & 7 : -- Counsel for respondent No.8 : Sri Mohd. Shafiuddin The court made the following: ORDER: This Writ Petition is filed for a mandamus to direct respondent No.1 to demolish and remove the illegal constructions existing on the stilt floor parking area, except the watch and ward room and the building Welfare Association office, and also demolish the flat existing on the terrace roof of the Moghal Mascot Residential Apartments in premises bearing municipal No.11-4-637, A.C. Guards, Hyderabad. I have heard Sri Syed Jaffer Abbas Nadeem, learned counsel for the petitioners, Sri R. Radha Krishna Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corporation (GHMC) representing respondent Nos.1 and 2, Sri Nazir Ahmed Khan, learned counsel for respondent Nos.3, 4 and 6 and Sri Mohd. Shafiuddin, learned counsel for respondent No.8. The grievance of the petitioners is that contrary to the sanctioned plan, the private respondents have constructed flats bearing Nos.G-2, G-12 and G-13 in the stilt area of the premises mentioned above, which is earmarked for parking in the sanctioned plan. After the filing of this Writ Petition, respondent Nos.1 and 2 have issued a notice under Section 636 of the Greater Hyderabad Municipal Corporation Act, 1955 (for short "the Act") and removed the flat bearing No.G- 12 of respondent No.5. Sri R. Radha Krishna Reddy, learned Standing Counsel for GHMC, submitted that against the show cause notices issued to respondent Nos.3 and 4 for revocation of the regularization orders in respect of flats bearing Nos.G.13 and G.2 belonging them respectively, they filed civil suits i.e., O.S.Nos.1692 and 1702 of 2011 respectively, on the file of IV Junior Civil Judge, City Civil Court, Hyderabad and secured ad interim orders of status quo on 13-7-2011 and that the officials of the GHMC are disabled from proceeding further against the said illegal structures. The learned counsel for the petitioners pointed out several deficiencies on the part of respondent Nos.1 and 2 in discharging their statutory obligations including their alleged failure to resist the applications for injunction and contesting the same in right earnest. The learned counsel for respondent No.8 submitted that serious allegations which are wholly baseless are made by the petitioners against his client and that this court may not take cognizance of these allegations in the absence of any proof in support thereof. In my opinion, with the filing of the above mentioned civil suits by respondent Nos.3 and 4 and securing the orders of status quo, the prayer in the Writ Petition to direct respondent Nos.1 and 2 to take action in respect of their flats cannot be granted. So long as the orders of the competent civil court subsist, no order which is likely to be in conflict with such orders can be passed by this Court. Therefore, while permitting the petitioners to get impleaded in the above mentioned pending civil suits filed by respondent Nos.3 and 4, respondent Nos.1 and 2 are directed to evince interest in contesting the injunction applications in the suits and make efforts to see that they are disposed of as early as possible. Subject to the above directions, the Writ Petition is disposed of. As a sequel, WPMP No.21323/2011 is disposed of as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 30-9-2011 AM