HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.15963 of 2008 Date : 13-7-2011 Between: K.Dharmendar Goud s/o.K.Chennaiah .. Petitioners and another And Greater Hyderabad Municipal Corporation, Represented by its Commissioner, Hyderabad and others .. Respondents Counsel for petitioners: Vedula Srinivas Counsel for respondents : Sri R.Radha Krishna Reddy, Standing Counsel for GHMC The court made the following: ORDER: This Writ Petition is filed for a mandamus to declare the action of respondent Nos.2 and 3 in interfering with the construction made by the petitioners over plot No.8 in Sy.Nos.163 and 165 of Mailardevpalli village, Rajendranager Mandal, Ranga Reddy District as illegal and arbitrary. It is the pleaded case of the petitioners that intending to construct a building over plot No.8 belonging to them, they have submitted a plan for approval on 19-4-2008 before respondent No.3. The petitioners have further pleaded that without disposing of the said application despite expiry of the time prescribed under Section 437 of the Hyderabad Municipal Corporation Act, 1955 (for short "the Act"), the respondents have been interfering with their construction activity. The petitioners placed reliance on the deeming provision contained in Section 437 of the Act in this regard. This Court by order dated 24-7-2008 directed the respondents not to interfere with the construction so long as the same is in accordance with the plan submitted by the petitioners and the building Rules and Zoning Regulations. This Court further directed that the respondents shall nominate one of the responsible officers to inspect the site of the petitioners, note the construction and submit a report to this court. So far, the respondents have not submitted any report. Be that as it may, Sri R.Radha Krishna Reddy, learned Standing Counsel for the Greater Hyderabad Municipal Corporation, on written instructions, submitted that the petitioners’ application for approval of the plan was rejected on 31-5-2008 i.e., much before the filing of the Writ Petition and that in pursuance of the interim direction of this court, an inspection was made in which it was found that the constructions were made contrary to the plan submitted by the petitioners, besides the Rules and the Regulations which are in force. It is unfortunate that despite the direction granted by this court, the respondents have not filed the report nor they have filed any counter-affidavit. They have not felt the responsibility of taking further action for removing the unauthorized construction. Such action on the part of the officials of respondent No.1-Corporation cannot be viewed lightly. Inasmuch as it is alleged that the petitioners have raised construction illegally, the respondents are directed to initiate action forthwith by issuing a notice to the petitioners under Section 452 of the Act and take appropriate action after considering the explanation, if any, submitted by the petitioners. This process shall be completed within a period of one month from the date of receipt of a copy of this order. Subject to the above directions, the Writ Petition is disposed of. As a sequel, interim order dated 24-7-2008 is vacated and WPMP No.20697/2008 is disposed of as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 13-7-2011 AM