THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.23779 of 2009 ORDER: The petitioner and the 3rd respondent are immediate neighbours at Vishnu Nagar, Saidabad. The 3rd respondent constructed a house without leaving any setback towards the house of the petitioner and has also opened two windows in the ground floor. She has also constructed two upper floors by providing a balcony in each floor. The petitioner filed a complaint before respondents 1 and 2 alleging the deviations on the part of the 3rd respondent. Complaining that no action has been taken on the representation, the petitioner filed W.P.No.15868 of 2008. The writ petition was disposed of directing respondents 1 and 2 to take necessary steps. The petitioner has also filed C.C.No.1751 of 2008 alleging that the 1st respondent did not take any steps. During the penency of the contempt case, the 1st respondent initiated steps and ensured that the windows in the ground floor of the building of the 3rd respondent are closed. In a communication dated 05.01.2009 to the petitioner, it was mentioned that the balconies in the first and second floors are with setbacks and that they are the subject matter of an application for building penalisation. Taking note of the same, this Court closed the contempt case. In this writ petition, it is urged that the 1st respondent has misled this Court and as a matter of fact balconies are still existing. Heard the learned counsel for the petitioner and the learned counsel for the respondents. The petitioner does not appear to have taken note of the contents of proceedings dated 05.01.2009 issued by the 1st respondent. It was clearly mentioned that the windows in the ground floor are closed and the balconies in the first and second floors are with some setback and that the same are the subject matter of a building penalisation application. Even now, the petitioner can put forward her objections before the 1st respondent with reference to the application submitted by the 3rd respondent for regularization of the structure. Therefore, the writ petition is disposed of leaving it open to the petitioner to file a representation before the 1st respondent vis-à-vis the application submitted by the 3rd respondent for regularization of the first and second floors constructed by her. The same shall be taken into account by the 1st respondent, whenever the application of the 3rd respondent is considered. There shall be no order as to costs. _________ 23.12.2009 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.23779 of 2009 Date: 23.12.2009 JSU