IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 451 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 25/02/2009 in WP NO : 21745 OF 2008 on the file of the High Court.) Between: J. Narahari S/o. Anjaiah R/o. 3-6-369/5, Himayath Nagar, Street No.2 Hyderabad - 29. ..... APPELLANT AND 1 The Commissioner Greater Hyderabad Municipal Corporation Hyderabad. 2 The Additional Commissioner, Town Planning Greater Hyderabad Municipal Corporation, Hyderabad. 3 M/s. Sri Sikara Constructions Rep. by R. Narsimha Reddy and K. Vishnu Vardhan Reddy, Flat No.102, Sphinx Apartments, Street No.1, Himayath Nagar, Hyderabad - 29. .....RESPONDENTS Counsel for the Appellant:SRI VINAY KAMISETTY Counsel for the Respondent No.: SRI R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 451 of 2009 JUDGMENT: (per Hon’ble Smt. Justice T.Meena Kumari) This writ appeal is filed challenging the order, dated 25.02.2009 passed in W.P.No.21745 of 2008 by the learned single Judge. The appellant herein filed the above writ petition questioning the inaction of the 1st respondent as to the unauthorized construction being taken up by the 3rd respondent in violation of the building rules in respect of the house bearing No.3-6-369/A/22, Street No.1, Himayat Nagar, Hyderabad, in spite of his representation to the 1st respondent-Commissioner. The learned single Judge having observed that pursuant to the notice issued by the Court on 30.9.2008, the 3rd respondent filed a counter-affidavit denying the allegations levelled against it and the respondent-Corporation has not filed any counter-affidavit, but however, since the matter relates to constructions being made against the sanctioned plan, it requires inspection and examination by the authorities, disposed of the writ petition directing the 1st respondent- Corporation to take necessary action on the complaint of the petitioner, after issuing notice to the unofficial respondent, as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of the order. Having aggrieved by the same, the present appeal has been filed. Heard the learned Counsel and perused the material available on record. The main grievance of the appellant is that the learned single Judge has not passed any order prohibiting the 3rd respondent from making any further construction. Admittedly, the above writ petition was filed questioning inaction of the 1st respondent-Corporation on the complaint made by the petitioner. The impugned order goes to show that on the notice issued by the Court, the unofficial respondent filed a counter-affidavit denying the allegations made by the petitioner. But the 1st respondent-Corporation has not filed any counter-affidavit. In view of the rival contentions as to the alleged constructions, the learned single Judge directed the 1st respondent-Corporation to take necessary action on the complaint made by the petitioner. Now, the writ petitioner-appellant filed this appeal on the ground that no prohibitory order has been passed against the 3rd respondent in respect of further constructions. The ground raised by the appellant is beyond the scope of the writ petition. In that view of the matter, we feel that the order passed by the learned single Judge does not suffer from any illegality or irregularity warranting interference of this Court and hence, the appeal is devoid of merits and the same is liable to be dismissed. Accordingly, the writ appeal is dismissed. No order as to costs. _______________________ Justice T.Meena Kumari ___________________________ Justice Vilas V. Afzulpurkar Dated: 9th April, 2009 Gurc/nn THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO :451 of 2009 (Order of the Division Bench delivered by the Hon’ble Smt. Justice T.Meena Kumari) 9th April, 2009