THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.23528 of 2009 ORDER: The first petitioner is an association of the owners of flats in Pushpavathi Residency and petitioners 2 to 10 are its members. The petitioners allege that respondents 1 and 2 are making construction of a flat/pent house underneath the water tank. The grievance of the petitioners is that though the construction being undertaken by respondents 1 and 2 is contrary to several provisions of the Hyderabad Municipal Corporation Act, respondents 3 and 4 are not taking any action. Heard the learned counsel for the petitioners and the learned Standing Counsel for the Municipal Corporation. The first respondent happens to be the owner of the land, on which the flats were constructed. The terms and conditions subject to which the flats were constructed and the rights that haven been parted in favour of the petitioners can be ascertained, only if a suit is filed for necessary relief. Even the allegation as to the construction of the flat contrary to the sanctioned plan can be the subject matter of that suit. Hence the writ petition is disposed of leaving it open to the petitioners to file a suit against respondents 1 and 2 claiming the necessary relief. This shall however be without prejudice to the right of the petitioners to approach respondents 3 and 4 pointing out the violations if any on the part of respondents 1 & 2, and as and when such an application is filed, necessary action shall be taken after issuing notice to the affected parties. There shall be no order as to costs. _________ 03.11.2009 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.23528 of 2009 Date: 03.11.2009 JSU