IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.21413 of 2002 Between: 1 Kommareddy Rayapa Reddy S/o Joji Reddy R/o. Flat No., 403, Laxmi Anusha Apartments, Bakaram, Musheerabad, Hyderabad. 2 Smt. R. Ramadevi W/o Sri B. Janardhan R/o. Flat No.501, Laxmi Anusha Apartments, Bakaram, Musheerabad, Hyderabad. ..... PETITIONERS AND 1 Municipal Corporation of Hyderabad, rep. by its Commissioner at MCH Building, Tankbund, Hyderabad. 2 Assistant City Planner, Circle.III, MCCH, Hyderabad. 3 Sri Gaddipalli Vithal Rao S/o Late G. Somanarsaiah R/o 1-7-389, Bakaram, Hyderabad. 4 K.V. Narsimha Reddy S/o. K. Venkat Reddy M/s. Laxmi Builders, rep. by its Managing Partner, Sri K.V. Narsimha Reddy, R/o. 2-6-2207, Sikh Village, Secunderabad. .....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 to issue a Writ or Order or Direction, essentially in the nature of Writ of Mandamus or any other appropriate Writ declaring the proceedings of the respondent No.2 in letter No. 389/ACP/C3/MCH/2002, dated 26-10-2002 as void being illegal and unconstitutional and consequently quash the same and Counsel for the Petitioner: MR.B.VEERABHADRA RAO Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following: Form-NIC-OGS/WP{VEENA} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.21413 of 2002 O R D E R: The petitioners question the show cause notice issued under Sec.452(2) read with Sec.636 of H.M.C.Act, 1955, under which the petitioners were called upon to pull down the deviated portion and unauthorized constructions in the Cellar+Ground+4 upper floor+part of 5th floor. It is the case of the petitioners that the petitioners have purchased flats constructed in plot No.1-7-389, known as “Laxmi Anusha Apartments” at Bakaram, Hyderabad and they were not aware of pendency of civil suit O.S.1439/1999 at the time of purchase with regard to the said premises and they came to know about the same only when the impugned show cause notice dated 26.10.2002 was received. It is further stated that the petitioners have not been given any reasonable opportunity to submit their explanations and therefore, the said impugned notice, calling upon the petitioners to pull down the deviated portions, is illegal and arbitrary. It is not in dispute that respondents 3 and 4 have obtained permission vide permit No.101/44, dated 04.01.1999 from the Municipal Corporation for construction of individual residential building consisting of ground plus upper 3 floors in Plot No.1-7-389 at Bakaram, Hyderabad and there are certain deviations of the sanctioned plan and therefore, they were asked to stop the construction and rectify the deviation. Aggrieved by the said action, respondents 3 and 4 filed O.S.1439 of 1999 on the file of the II Junior Civil Judge, City Civil Court, Hyderabad and obtained injunction and in the light of the said injunction orders, proceeded with the construction of the building, deviating the sanctioned plan, and not only constructed the Cellar, but also constructed ground+4 floors and 5th floor partly, whereas the sanction was only for the construction of ground plus upper 3 floors, and there is no sanction for construction of cellar, fourth and fifth floor. Accordingly, as the suit itself was dismissed on 18.07.2002, the impugned notice has been issued. Admittedly, the petitioners have not able to substantiate their contentions regarding the construction of Cellar, 4th and 5th floors. Under the guise of injunction orders, the building in question was constructed in deviation of the sanctioned plan and hence neither the petitioners nor their vendors/original owners have any right to question the consequential notice once again, as the suit filed by the respondents 3 and 4 was already dismissed. The Writ Petition is, accordingly, dismissed. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 02.05.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Municipal Corporation of Hyderabad, rep. by its Commissioner at MCH Building, Tankbund, Hyderabad. 2 Assistant City Planner, Circle.III, MCCH, Hyderabad. 3.2CCs to 4.2CD copies