IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 23132 of 2000 Between: 1 Mohd. Qamaruddin, S/o. Late Mohd. Naimuddin, R/o. H.No. 8-2-277/B/1, Road.No. 2, Banjara Hills, Hyderabad, A.P. 2 Smt. Iqbal Begum, W/o. Mohd. Qamaruddin R/o. H.No. 8-2-277/B/1, Road.No. 2, Banjara Hills, Hyderabad, a.P. ..... PETITIONER(S) AND 1 Municipal Corporation of Hyderabad, Rep by its Commissioner, M.C.H.Building, 2 Tankbund Road, Hyderabad, 2 Municipal Corporation of Hyderabad, Rep by its Chief City Planner M.C.H. Buildings,Tank Bund Road, Hyderabad, 3 Smt. Swapna Gupta, W/o. Vimal Gupta R/o. H.No. 5-3-831/7, Ghoshamahal, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue any appropriate writ, order or direction preferably a Writ in the Nature of Mandamus, declaring the inaction of the respodents 1 and 2 in not taking steps, to demolish that portion of the property which is unauthorisedly and illegally constructed by the third respondent in premises bearing No. 5-3-831/7, situated at Ghoshamahal, Hyderabad as illegal, arbitrary and violative of Article 14 of the constitution of India and conswquently direct the respondents 1 and 2 to forthwith demolish the illegal authorised constructions made by the third respondent in respect of premises bearing No. 5-3-831/7, situated at Ghoshamahal, Hyderabad and to pass such other v Counsel for the Petitioner:MR.P.VENUGOPAL Counsel for the Respondent : None appears The Court made the following : ORDER: Heard the learned counsel for the petitioner. None appears for the respondents, though a counter has been filed on behalf of the 2nd respondent. The petitioners seek to issue a writ of mandamus declaring the inaction of the respondents 1 and 2 in not taking steps to demolish the portion of the property which is unauthorizedly and illegally constructed by the 3rd respondent in premises bearing No.5-3-831/7 situated at Ghoshamahal, Hyderabad, as illegal and arbitrary and consequently to direct the respondents 1 and 2 to forthwith demolish the said constructions made by the 3rd respondent in the said premises. It is the case of the petitioners that they sold the property bearing No.5-3-831/7 situated at Ghoshamahal, Hyderabad having taken permission for construction of the ground floor with first and second floors for residential building, but the 3rd respondent after purchase of the property constructed the third floor. Insofar as shifting of staircase and construction of third floor, it is stated that on receiving the complaint from the petitioners, a show cause notice was issued to the third respondent under Section 452 of the Hyderabad Municipal Corporation Act which was served on the third respondent on 05.02.2000 and thereafter, the third respondent filed a suit O.S.No.506 of 2000 on the file of the III Junior Civil Judge, City Civil Court, Hyderabad and obtained an order of status-quo and therefore, no action could be taken. It is stated that the third respondent also filed an application agreeing to submit the building plan for permission or regularization by paying necessary penalty. It is not known as to whether the said suit has been disposed of or not. If the said suit is disposed of and the third respondent fails to apply for any regularization of the unauthorized constructions in accordance with law, there cannot be any justification on the part of the respondents 1 and 2 in not taking action against the 3rd respondent. Having regard to the facts of the case, the writ petition is disposed of directing the respondents 1 and 2 to take steps for early disposal of the suit O.S.No.506 of 2000 on the file of the III Junior Civil Judge, City Civil Court, Hyderabad, if not already disposed of. If the said suit is already disposed of, the respondents 1 and 2 shall take appropriate action in accordance with law pursuant to the notice issued, if the third respondent fails to get the regularization of the unauthorized constructions. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:27.03.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KMR}