THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.31494 OF 2011 O R D E R: This writ petition is filed seeking to issue Writ of Mandamus declaring the action of respondent Nos.1 to 3 in not demolishing the unauthorized and illegal construction made by respondent No.4 in the premises bearing Plot No.75, Manikonda Village, Rajendranagar, Ranga Reddy District as illegal and arbitrary and consequently direct respondent Nos.1 to 3 to demolish the said construction. 2. The brief facts, as stated in the affidavit filed in support of the writ petition, are that the petitioner is the absolute owner and possessor of the aforementioned premises having purchased the same under a registered sale deed. While so, in the month of August, 2007, respondent No.4 approached the petitioner and offered for development of the petitioner’s plot. Petitioner accepted the said proposal and entered into a registered development agreement-cum- General Power of Attorney on 29.10.2007. As per the agreement, petitioner and respondent No.4 have equal shares in the constructed area. Petitioner made an application to respondent No.1 for construction of Ground + 3 building. Respondent No.1 granted permission on 06.09.2010 for construction of G+3 building only. Respondent No.4 constructed G+3 building and the same was divided into shares. Petitioner and respondent No.4 got 50% of share each. Petitioner sold away her share in the said property to third parties excluding the terrace rights. Respondent No.4 started constructing the fourth floor illegally without obtaining permission from respondent Nos.2 and 3. Inspite of making a representation, dated 12.11.2011, by the petitioner to respondent Nos.1 to 3, no action has been taken. Hence, the present writ petition. 3. Learned counsel for the petitioner contended that respondent No.4 is making illegal constructions contrary to the sanctioned plan; that the petitioner also gave a representation, dated 12.11.2011, to respondent Nos.2 and 3 for taking appropriate decision, but no action has been taken and hence, prays to issue a direction to respondent Nos.1 to 3 to take action against respondent No.4. 4. Inspite of service of notice to respondent No.4, he did not appear. 5. Whether respondent No.4 is making any constructions contrary to the sanctioned plan or whether the constructions made by respondent No.4 are in accordance with the sanctioned plan or not have to be verified by respondent Nos.2 and 3. Therefore, respondent Nos.2 and 3 are directed to take appropriate decision on the representation, dated 12.11.2011, of the petitioner and in case there are any violations or deviations of building bye laws, as against the sanctioned plan, respondent Nos.2 and 3 are directed to issue a notice to respondent No.4 calling for his explanation and thereafter, take appropriate decision in accordance with law within a period of eight (8) weeks from the date of receipt of explanation. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 15th December, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.31494 OF 2011 Date:15.12.2011 AMD