IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26800 of 2008 Between: 1 Kuriseti Venkata Subba Rao S/o. Sriram Murthy R/o. D.No. 22-5-27, 21st Ward, Gollavari Street, Bhimavaram, West Godavari District. 2 Kuriseti Gopala Krishna Murthy S/o. Sriram Murthy R/o. D.No. 22-5-26, 21st Ward, Gollavari Street, Bhimavaram, West Godavari District. 3 Kunjari Meena W/o. Venkata Kumar R/o. D.No. 22-5-31, 21st Ward, Gollavari Street, Bhimavaram, West Godavari District. 4 Kommouju Annaji Rao R/o. Rama Rao R/o. D.No. 22-5-30/A, 21st Ward, Gollavari Street, Bhimavaram, West Godavari District. 5 Kocherla Hima Bindu W/o. Ravindra R/o. D.No. 22-5-30, 21st Ward, Gollavari Street, Bhimavaram, West Godavari District. 6 Atyam Ganapati Krishna Murthy S/o. Krisna Murthy R/o. D.No. 22-5-29, 21st Ward, Gollavari Street, Bhimavaram, West Godavari District. ..... PETITIONER(S) AND 1 The Commissioner, Bhimavaram Municipality, Bhimavaram, West Godavari District. 2 G. Satyanarayana S/o. Sanyasi Rao Now Residing at Usha Nilayama Meena Building, D.No. 5-11-22, Mente Vari Thota, Bhimavaram, West Godavari District. 3 G. Rambabu S/o. G. Satyanarayana Now Residing at Usha Nilayama Meena Building, D.No. 5-11-22, Mente Vari Thota, Bhimavaram, West Godavari District. .....RESPONDENT(S) 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 an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the 1st Respondent in not taking any action against the 2nd and 3rd respondent for making illegal and unauthorized construction of the building in the house site admeasuring 134.00 sq. mtrs. in SY.No. 430/4 at Kuruseti Vari Street, Bhimavaram , West Godavari District pursuant to the representation dt. 14-11-2008 of the petitioners, as illegal, arbitrary and unconstitutional and consequentially direct the 1st respondent to demolish the unauthorized construction made by the 2nd and 3rd respondents, and to grant such other relief or reliefs. Counsel for the Petitioner:MR.B.CHANDRA SHEKHAR Counsel for the Respondent No.: MR.S.NAGESWARA REDDY The Court made the following : ORDER The grievance of the petitioners is that Respondents No. 2 and 3 are making unauthorized construction of a building in the house site admeasuring 134.00 sq.meters situated at Kuruseti vari street, Bhimavaram, West Godavari District and though they have submitted a representation on 14.11.2008 to the 1st respondent brining out to his notice about the unauthorized/illegal construction, so far, no action has been initiated. Hence, they approached this Court and filed the present writ petition. Heard the learned counsel for the petitioners as well as the learned Standing Counsel for Bhimavaram Municipality appearing on behalf of the 1st respondent. Since the grievance of the petitioners is that their representation is not considered, this Court is of the view that this writ petition can be disposed of, at the admission stage, dispensing with the usual notice to the unofficial Respondents No. 2 and 3. Accordingly, this writ petition is disposed of at the admission stage by dispensing with the usual notice to Respondents No. 2 and 3. The 1st respondent shall afford an opportunity of personal hearing to Respondents No. 2 and 3 before passing any orders on the representation of the petitioners, dated 14.11.2008. The said exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order. The 1st respondent shall see that Respondents No.2 and 3 do not make any further constructions in the proposed site. No costs. _________ 10-12-2008 Note: Issue CC by two days. (B.O) rkk