THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.6533 OF 2010 Dated: 09.08.2010 Between: Ashok Kumar Kanengo … Petitioner And 1. M/s. Hreenkar Constructions, rep. by its Managing Partner Praveen Solanki and 2 others. … Respondents THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.6533 OF 2010 ORDER : This writ petition is filed seeking a declaration that the inaction on the part of the 2nd respondent – Commissioner, Greater Hyderabad Municipal Corporation – in restraining the 1st respondent from making illegal constructions in the premises bearing MCH.Nos.5-3-829, 772 and 772/1 to 4, Shankar Bagh, Topkhana, Hyderabad is arbitrary and illegal. It is pleaded by the petitioner that the managing partner of the 1st respondent firm by name Praveen Solanki, offered to sell a flat in a 3-storeyed residential complex proposed to be constructed in the premises bearing Nos.5-3-829, 772 and 772/1 to 4 admeasuring 1,427 sq. yards for a total sale consideration of Rs.20,49,645/-. Believing the 1st respondent’s version, the petitioner made a total payment of Rs.5,00,000/- towards the sale consideration. However when the petitioner visited the premises in question, it was found that a residential complex of 5-storeyed building was constructed making a complete go-bye to the plan sanctioned by the Corporation. In spite of the objections raised by the petitioner, the 1st respondent, proceeded with the illegal construction. That apart the 1st respondent demanded Rs.30,00,000/- towards the sale consideration as against Rs.21,74,645/- agreed upon. Aggrieved by the said action of the 1st respondent, the present writ petition has been filed seeking a declaration that the action of the respondents 3 and 4 in allowing the 1st respondent to proceed with the unauthorized constructions is arbitrary and illegal. The petitioner also seeks a direction to the respondents 3 and 4 to demolish the illegal constructions. On behalf of the 1st respondent, a detailed counter-affidavit has been filed denying all the allegations made by the petitioner. It is further stated that though there are deviations, the regularization sought by him is under consideration by the Corporation. I have heard the learned counsel for both the parties. As could be seen, the petitioner made various allegations against the 1st respondent with regard to the sale of a flat in the building constructed by the 1st respondent in premises bearing MCH.No.5-3-829, 772 and 772/1 to 4, Shankar Bagh, Topkhana, Hyderabad. So far as the allegations that the 1st respondent had misrepresented about the construction proposed by him and demanded higher amounts than what was agreed towards sale consideration are concerned, the same being a dispute of civil nature between private persons deserves no consideration by this Court in exercise of writ jurisdiction under Article 226 of the Constitution of India. However it is further alleged by the petitioner that the 1st respondent had constructed a 5-storeyed building in premises bearing Nos. 5-3-829, 772 and 772/1 to 4, Shankar Bagh, Topkhana, Hyderabad in contravention of the sanctioned plan. It appears that after filing this writ petition, the petitioner submitted a detailed representation dated 6.4.2010 before the 2nd respondent and the same was received in the office of the 2nd respondent on 8.4.2010. It is also relevant to note that the 1st respondent in its counter-affidavit admitted that there were certain deviations and the Corporation was already approached for regularization of the same. In the circumstances, suffice it to direct the 2nd respondent Corporation t o consider the representation made by the petitioner dated 6.4.2010 treating the same as objections to the 1st respondent’s application for regularization of the constructions already made. Accordingly, the Writ Petition is disposed of with a direction to the 2nd respondent to consider the representation/objections dated 6.4.2010 made by the petitioner before passing any order upon the 1st respondent’s request for regularization of the constructions made in the premises bearing Nos.5-3-829, 772 and 772/1 to 4, Shankar Bagh, Topkhana, Hyderabad. No costs. _____________ G. ROHINI, J. Dt. 09.08.2010 gbs