THE HONOURABLE SRI JUSTICE V. ESWARAIAH WRIT PETITION No.6168 OF 2006 DATED: 28-03-2006 BETWEEN M. Nooka Raju, S/o. Late Rama Murthy, R/o. D.No.29-45-2/3, Prakash Rao Peta, Visakhapatnam. …PETITIONER AND The Municipal Commissioner, Municipal Corporation of Visakhapatnam, Visakhapatnam District. …RESPONDENT ORDER: Petitioner seeks a Writ of Mandamus to declare the action of the respondent in interfering with the structures in his premises as illegal and arbitrary. Learned counsel for the petitioner submits that the petitioner purchased an extent of 790.5 Sq. yards bearing Patta No.55 situated in Block No.5, T.S.No.60 part of Waltair Ward, Balaji Nagar, Ward No.24, Visakhapatnam and thereafter obtained permission for construction of residential house comprising ground, first, second and third floors in the said land vide proceedings B.A.No.2004-BA-11735/ACP-II/G4 of the respondent dated 22.03.2005. He further submits that the petitioner has not violated any of the terms and conditions of the said permission and sanction plan and he is constructing the building leaving open spaces strictly following the Rules and Building Bye-laws, but the respondent without any justification whatsoever and without issuing any notice, is interfering with the construction of the residential complex. Having regard to the facts and circumstances of the case, the respondent is directed not to interfere with the construction of the residential building, belonging to the petitioner, comprising ground, first, second and third floors, pursuant to the application of the petitioner dated 17.09.2004 and the proceedings B.A.No.2004-BA- 11735/ACP-II/G4 of the respondent dated 22.03.2005. If there are any deviations, it is always open for the respondent to issue a notice specifying the deviations, additions or alterations contrary to sanction plan and permit and take appropriate action in accordance with law. The writ petition is accordingly disposed of. ______________ V. ESWARAIAH, J March 28, 2006 Note: Furnish C.C. of the order by 30.03.2006 (B/o) DSK