IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 18103 of 2006 Between: K. Srinivasa Rao, S/o. K. Shankar, R/o.Flat No.401, Devinilayam Apartments, Maruthinagar, R.R.District. ..... PETITIONER AND 1 The L.B. Nagar Municipality, R.R.District, rep. by its Commissioner. 2 M/s. Devi Constructions, A Partnership Firm, rep. by its Managing Partner- N. Sudhakar Plot No.139, Durga Vihar, Tirumalgherry, Secunderabad-500 015. 3 N. Sudhakar, S/o. N. Shankaraiah, Plot No. 139, Durga Vihar, Tirumalgherry, Secunderabad-500 015. .....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 issue a writ, order or direction more particuarlly one in the natureof mandamus, directing the 1st respondent to act upon the Petitioners representation dt. 30.9.2005 and remove the unauthorized structures put up by the respondents 2 & 3 in Dvi Nilayam apartments situated at Sy.No.172/2, Marutinagar, Kothapet Village, L.B.Nagar MUnicipality, R.R.District to and pass such other order or orders. Counsel for the Petitioner: MR.P.ROY REDDY Counsel for the Respondent No.: MR.POLISETTY RADHA KRISHNA(SC FOR MPL(TA)) The Court made the following : THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 18103 of 2006 02-02-2009 Oral Order: The writ petition is misconceived and not maintainable. The petitioner is aggrieved that the respondent Nos. 2 and 3 have put up unauthorized constructions/structures in Devinilayam Apartments, located in survey No. 172/2, Marutinagar, Kothapet village, L.B.Nagar Municipality, Ranga Reddy district. According to the petitioner, his son one K. Vasudeva Rao purchased flat No.401 in Devi Nilayam Apartments, which were constructed by the 2nd and 3rd respondents. He is a mere resident in the apartment and does not claim to be either a tenant or having the power of attorney from his son-Vasudeva Rao, the owner of the Flat No. 401. The petitioner alleges that the 2nd respondent-builder a partnership firm and the 3rd respondent-its Managing Partner have put up illegal structures viz., pent house in the 5th floor and have also occupied common areas and parking spaces. Since no action is taken to remove the encroachments by the 2nd and 3rd respondents despite representations by the petitioner and no action is taken by the 1st respondent despite complaints, the writ petition is filed. As the petitioner has no lawful nexus with the property in Flat No.401, Devi Nilayam Apartments, Marutinagar, Kothapet village, L.B. Nagar Municipality, Ranga Reddy district, he cannot litigate in his own name. The writ petition is accordingly dismissed. No costs. ____________________ GODA RAGHURAM, J Dated: 02-02-2009 Pvks