IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 15482 of 2008 Between: Ramya Residency Flat Owners Welfare Association, Visakhapatnam Rep. by its Secretary, Sri Potta Shivaji Rao S/o. Babu Rao R/o.D.No.49-45-10, Opp: to N.T. College, Akkayyapalem, Greater Visakhapatnam. ..... PETITIONER AND The Greater Visakhapatnam Municipal Corporation rep. by its Commissioner, Visakhapatnam. .....RESPONDENT 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 any writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondent corporation in not taking steps for removal of the pent house in ﬁfth ﬂoor of Ramya Residency Apartments building bearing D.No. 49-45-10, Akkayyapalem, Visakhapatnam in spite of the representations dt. 30.5.2005, 23-087-2005 and 02-04-2008, but on the other hand making preparations to regularize the said pent house without the consent of the other Flat owners of the building as illegal, arbitrary, capricious and violative of Article 21 Constitution of India and consequently to direct the respondent not to collect any regularization fees and not to regularize the said pent house and further direct it to take steps for removal of the said pent house within the time stipulated by the Hon'ble Court or to pass any other order or orders. Counsel for the Petitioner: SMT.N.(P).ANJANA DEVI, SATYANARAYANA Counsel for the Respondent No.: MR.(SC FOR VUDA)N.RANGA REDDY The Court made the following : O R D E R: This Writ Petition has been ﬁled by the petitioner assailing the inaction of 1st respondent Greater Visakhapatnam Municipal Corporation on the representations made by the petitioner on 30.5.2005, 23.8.2005 and 2.4.2008 with regard to the unauthorized constructions made by 2nd respondent- J.B.Rajendra Prasad. The petitioner-association is a ﬂat owners welfare association. The 2nd respondent is the builder. According to the petitioner-association, 2nd respondent constructed pent house in the fifth floor without there being any permission from 1st respondent. It submitted representations to 1st respondent to initiate necessary action with regard to the illegal and unauthorized constructions made by the 2nd respondent. Since the representations remained unattended, the petitioner- association approached this Court invoking jurisdiction under Article 226 of the Constitution of India. Learned Standing Counsel of GVMC received notice on behalf of 1st respondent. 2nd respondent despite receipt of notice did not chose to enter appearance either in person or through a counsel. The fact of the petitioner-association submitting representations to 1st respondent complaining unauthorized and illegal constructions made by 2nd respondent is not in dispute. In that view of the matter, this writ petition is disposed of directing the 1st respondent to dispose of the representations of the petitioner-association and pass appropriate orders after putting on notice to 2nd respondent. No costs. 16th September, 2008 (B.SESHASAYANA REDDY,J) tnb ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.15482 OF 2008 16T H SEPTEMBER 2008