THE HON'BLE MR. JUSTICE R.SUBHASH REDDY Writ Petition No.9860 of 2002 ORDER: In this Writ Petition the petitioner seeks direction by way of Writ of mandamus to declare the action of the respondents 1 and 2 in not stopping the alleged illegal construction by the third respondent towards west of the house of the petitioner, as illegal and arbitrary. 2. It is a grievance of the petitioner that the third respondent was proceeding with the construction without giving any set backs as stipulated under the provisions of the A.P. Municipalities Act and Rules and such constructions are being made in violation of the sanctioned plan. However, when the matter is taken up, the learned counsel submits that as much as the constructions are over and in view of the factual disputes raised by the respondents, petitioner wants to seek remedy before the competent Civil Court. 3. In view of the submission of the learned counsel, leaving it open to the petitioner to approach the Civil Court for redressal of his grievance, this Writ Petition is closed. No order as to costs. ______________________ R.SUBHASH REDDY, J. 24th March, 2009. skmr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 9860 of 2002 Between: Marepalli Yasodamma, W/o.Kista Goud, R/o.H.No.3-1-55, Sadasivpet, Medak District. ..... PETITIONER AND 1 The Municipal Council, Rep. by its Commissioner, Sadasivpet Municipality, Sadasivpet, Medak District. 2 The Commissioner, Sadasivpet Municipality, Sadasivpet, Medak District. 3 Smt. Saraswathi W/o.Eswaraiah, R/o.H.No.3-2-71, Sadasivpet, Medak District. .....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 an appropriate writ, order or direction, particularly one in the nature of Mandamus, declaring the in action of the Respondents 1 and 2 herein in not stopping the proposed construction of the house by the 3rd respondent herein without leaving any space on the western side wall of petitioner's house bearing No.3-1-55, Sadasivpet Municipality, Sadasivpet, Medak District, as required under the Rules, as illegal, arbitrary unreasonable, contrary to the provisions of A.P.Municipalities Act and the Rules issued under schedule III of the said Act and issue a consequential direction to the respondents 1 and 2 herein to stop the said construction by the 3rd respondent. Counsel for the Petitioner:MR.M.RAJAMALLA REDDY Counsel for the Respondents: MR.MOHAN VINOD