IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 8302 of 2002 Between: Mrs.Qamar Hasan W/o. M.M.Hasan R/o. H.No.11-4-646/2, A.C.Guards, Hyderabad. ..... PETITIONER AND 1 Municipal Corporation of Hyderabad Rep by its Commissioner Tank Bund Road, Hyderabad. 2 The Deputy Commissioner Municipal Corporation of Hyderabad. Circle No.IV, Khairatabad, Hyderabad. 3 Mrs.Rugayya Begum W/o. Syed Sarfaraz R/o. Majidia School, A.C.Guards, Hyderabad. 4 M/s. Shezan Builders, A Partnership Firm Rep by its Mohd. Mohiuddin Ali,S/o.Late Mohd Hameed Ali, Office At 11-4-644, A.C. Guards, Hyderabad. .....RESPONDENT(S) Counsel for the Petitioner:MR.K.ANUP KUMAR Counsel for the Respondent No.: MR.RAMA RAO GHANTA The Court made the following : THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 8302 of 2002 ORAL ORDER: This writ petition is filed for writ of mandamus to declare the inaction of respondents 1 and 2 in taking action against the unauthorized constructions made by the respondents 3 and 4 in respect of house bearing no.11-4-644 and 11-4-645, situate at AC Guards, Hyderabad as illegal and arbitrary. The grievance, as could be culled out from the affidavit filed in support of the writ petition, is that though respondents 3 and 4 had been constructing a multi storied premises contrary to the sanctioned plan, respondents 1 and 2 have not been taking any action for its demolition. At the hearing, the learned counsel for the petitioner brought to my notice that W.P No.9060 of 2002 filed by respondent no.4 was dismissed by this Court on 10.4.2006. Having summoned the order passed in the said writ petition, I have perused the same. In the said order it is noted that when the Municipal Corporation of Hyderabad issued a show cause notice under section 452 of the Hyderabad Municipal Corporation Act, 1955, respondent no.4 filed O.S No. 1666 of 1999 on the file of the VI Junior Civil Judge, Hyderabad and got an order of injunction restraining the corporation from demolishing or interfering with the premises in question. Having taken note of the said fact, this Court dismissed the said writ petition with a direction to the respondents to inspect the premises constructed by the petitioner and issue a specific notice under section 455 of the Act and that after the explanation is submitted by respondent no.3, the corporation is at liberty to take appropriate action to pull down the unauthorized structures made contrary to the sanctioned plan, without reference to the orders said to have been obtained from the Civil Court in the pending suit. Heard the learned counsel for petitioner and learned standing counsel for Municipal Corporation. Learned counsel for respondents 3 and 4 called absent and no representation is made on their behalf. Regrettably, the learned counsel representing the Municipal Corporation of Hyderabad says that he has no instructions whether the corporation has complied with the orders dated 10.4.2006 passed by this Court in W.P. No. 9060 of 2002. It is needless to mention that, if the said order is not complied with, it constitutes grave contempt on the part of the officials of the corporation. Respondent no.1 is therefore directed to initiate immediate steps against the constructions, if any made contrary to the building permission in respect of house bearing No. 11-4-644 and 11-4-645 situate at AC Guards, Hyderabad in terms of order dated 10.4.2006 of this Court, within a period of two weeks from today, failing which, this Court would be constrained to initiate contempt proceedings against the responsible officers. Liberty is given to the petitioner to move contempt application, if the respondents do not act in accordance with the directions given above. Subject to above, the writ petition is allowed. No costs. ______________________ C.V.NAGARJUNA REDDY,J Date: 27.02.2008 tvk THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 8302 of 2002 Date: 27.2.2008 ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{JPK}