IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28672 of 2008 Between: G. Nanda Kumar S/o. G. Damodhar R/o.H.No.6-1-95,Valluvar Nagar,Ammuguda Village,Malkajgiri Mandal, Ranga Reddy District. Rep.by his GPA. Holder, P.Narender Reddy,S/o.Ramchandra Reddy,Age:28,Occ:Business, R/o.Plot No.160, Road No.6, Vayupuri Colony,Sec'bad.,Hyd. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation Rep. by its Commissioner Hyderabad. 2 Greater Hyderabad Municipal Corporation Rep. by its Deputy Commissioner Kapra Circle, Hyderabad. .....RESPONDENTS 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 a Writ, order or direction and more particularly one in the nature of writ of Mandamus declaring the action of the respondents in issuing notice dated 18-12-2008 there by interfering with the peaceful possession and construction of the petitioners in property bearing Plot No.41, Sy.No.600, Sri Sai Baba Officers Colony, Kapra, Secunderabad admeasuring 267 Sq. Yds., as being contrary to the provisions of HMC. Act, 1955 apart from being illegal, arbitrary, unconstitutional and consequently direct the respondents not to interfere with the petitioners possession and construction in the said property. Counsel for the Petitioner:MR.P.SRI HARSHA REDDY Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : ORDER: This writ petition is filed seeking a Writ of Mandamus declaring the action of the respondents in issuing notice dated 18.12.2008 and thereby interfering with the peaceful possession and construction of the petitioner’s plot bearing No.41, Sy.No.600, Sri Baba Officers Colony, Kapra, Secunderaabd admeasuring 267 square yards as illegal, arbitrary and contrary to the provisions of HMC Act, 1955 and consequenlty for a direction to the respondents not to interfere with the petitioner’s possession and construction in the said property. The case of the petitioner is that he is the absolute owner and possessor of an extent of 267 square yards in plot No.41, Sy.No.600, Sri Sai Baba Officers Colony, Kapra, Secunderabad and with a view to construct a residential house, he applied to the respondents for sanction of building permission and the respondents vide proceedings dated 16.04.2007 sanctioned the plan for consturction of Ground floor and First floor. Accordingly the petitioner made construction and laid slabs for Ground+2 floors in the month of November, 2007. While so, the 2nd respondent, on 24.12.2007, served a notice under Section 452 of the Hyderabad Municipal Corporation Act, 1955 on the petitioner directing him to remove the constructions made in deviation of the sanction plan. Thereafter, a final notice under Section 636 of the Act was also issued on 07.01.2008. Subsequently, the petitioner submitted an application on 29.04.2008 seeking regularization of the construction made deviating from the sanction plan by paying requisite fee, as per G.O.Ms.No.901 dated 01.01.2008. Pending consideration of the said application before the 1st respondent, the 2nd respondent again issued a notice dated 18.12.2008 directing the petitioner to remove the construction made in deviation of the sanction plan. Hence the writ petition. Heard both sides. Having considered the submissions made by the learned Cousnel on either side, I deem it appropriate to dispose of this Writ petition at the admission stage in the following manner: The petitioner may complete the entire construction of the building. But, however, the said construction is subject to consideration of the appliocation submitted by the petitioner, on 29.04.2008, in terms of G.O.Ms.No.901 dated 01.01.2008. Pending consideration of the said application, the respondaents shall not take any coercive steps. It is made clear that the petitioner, under the guise of this order, shall not make any further construction. The writ petition is accordingly disposed of. No costs. --------------------------------------- (GOPALA KRISHNA TAMADA, J) 29-12-2008 Note: C.C. in two days. (Bo) Gsn.