HONOURABLE SRI JUSTICE N.V. RAMANA WRIT PETITON No. 9475 OF 2009 DATED 24TH AUGUST, 2010. BETWEEN Dr.P.Bhagavanth Rao … Petitioner And The Greater Hyderabad Municipal Corporation, Tank Bund, Hyderabad, rep. By its Commissioner And ors. ….Respondents. HONOURABLE SRI JUSTICE N.V. RAMANA WRIT PETITON No. 9475 OF 2009 ORDER: Heard the learned Counsel for the petitioner, the learned Standing Counsel appearing for the respondents 1 and 2 and learned Counsel appearing for the respondents 3 and 4. Assailing the inaction of the respondent authorities in considering and disposing of the representations of the petitioner dated 3.6.2008, 17.6.2008 and 16.12.2008 complaining about the removal of illegal constructions made by the third and fourth respondents in utter violation of the sanctioned plan, this Writ Petition is filed. The petitioner claims to be owner and possessor of the house bearing Municipal No.5.2.512 of Risala Abdullah, Osmangunj, Hyderabad. Respondents 3 and 4 are the owners of the adjoining property of the petitioner bearing H.No. 5.2.513 of the same locality. The third and fourth respondents after obtaining necessary permission from the respondent authorities, dismantled their aforesaid premises and started construction under permit dated 1.3.2008. It is the grievance of the petitioner that the construction undertaken by the respondents 3 and 4 is in utter violation of the sanctioned plan and the same is causing immense inconvenience to the people of the Risala Abdulla locality, in particular, to him. On receipt of the notice of the petition, the second respondent ﬁled detailed counter stating that on noticing the alleged illegal constructions made by the 3 and 4 respondents, the second respondent issued notice dated 13.6.2008 under Section 452 of the Hyderabad Municipal Corporation Act, 1955 directing them to stop further construction and they also seized the construction material from the site. Thereafter, respondents 3 and 4 ﬁled suit in O.S. No. 4603 of 2008 on the ﬁle of the learned IV Junior Civil Judge, City Civil Court, Hyderabad and obtained interim order. However, the said suit was dismissed on 22.3.2010. Again the second respondent issued notice under Section 452 of the HMC Act on 19.7.2010 to respondents 3 and 4 and on receipt of the said notice, respondents 3 and 4 ﬁled objections and also ﬁled Writ Petition No. 19152 of 2010 and this Court disposed of the said Writ Petition directing the respondent authorities not to take any coercive action until the explanation submitted by them is considered and ﬁnal orders passed. It is further stated that the objections submitted by respondents 3 and 4 were considered and rejected in the order dated 10.8.2010. In the meanwhile, respondents 3 and 4 again ﬁled suit in O.S. No. 2740 of 2010 on the ﬁle of the learned VI Junior Civil Judge and obtained injunction order dated 22.7.2010 restraining the respondent authorities from interfering with their construction. To day when the matter is taken up for hearing, the oﬃcer concerned appeared before the court and produced a copy of the order dated 10.8.2010 rejecting the explanation submitted by respondents 3 and 4 to the notice under Section 452 of the HMC Act, dated 19.7.2010. The learned Counsel for respondents 3 and 4 submitted that in view of the rejection order dated 10.8.2010 passed by the respondent authorities, respondents 3 and 4 are taking legal remedies to challenge the said rejection order. It is for them to seek appropriate legal remedies, if they are aggrieved by the rejection order dated 10.8.2010. Since the respondent authorities had rejected the objections of respondents 3 and 4, there can be no impediment for them to get the injunctions orders obtained by respondents 3 and 4 vacated by taking necessary steps in that regard, and then take necessary action for removal/demolition of the illegal constructions made by respondents 3 and 4. With the above observation, the Writ Petition is closed. No order as to costs. ------------------------------- ---- JUSTICE N.V. RAMANA 24T H AUGUST, 2010. Msnr.