IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF AUGUST TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY WRIT PETITION NO : 14991 of 2004 Between: 1 M.Rajender Kumar, s/o late M.R.Krishna, R/o D.No.42364, MCH No.270, Badi Chowdi, Mothisingh Lane, Sultan Bazar, Hyderabad. 2 M.Srinivas Rao, s/o late M.R.Krishna, R/o D.No.42364, MCH No.270, Badi Chowdi, Mothisingh Lane, Sultan Bazaar, Hyderabad. ..... PETITIONERS AND 1 The Municipal Corporation of Hyderabad, rep., by its Commissioner, Tank Bund, Hyderabad. 2 The Assistant City Planner, Municipal Corporation of Hyderabad, Town Planning Section, Circle No.6, Abids, Parking Complex, 4th Floor, Hyderabad. 3 G.Sunanda, w/o late Lingaiah, R/o D.No.9-28, Lakshminagar, Kothapet, Ranga Reddy District. .....RESPONDENTS 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 issue a writ, order or direction more particularly one in the nature of writ of mandamus, declaring the action of the respondents No.1 and 2 in not taking any action on the representations of the petitioners dated 21-06-2004 and 11-08-2004 against the 3rd respondent though she is constructing the house in Door No.4-2- 355, Badi Chowdi, Mothisingh Lane, Sultan Bazaar, Hyderabad deviating the building permit No.56/69, dated 29-03-2004 as illegal, unjust, arbitrary and against the statutory provisions including Section 451 and 452 of Hyderabad Municipal Corporation Act, 1955 and consequently direct the respondents No.1 and 2 to consider the representations of the petitioners dated 21-06-2004 and 11-08-2004 and take action against the 3rd respondent for constructing the house bearing No.4- 2-355, Badi Chowdi Mothisingh Lane, Sultan Bazar, Hyderabad in deviation and violation of building permit No.56/69 dated 29-03-2004 and also to demolish the deviations Counsel for the Petitioners: MR.L.J.VEERA REDDY Counsel for the Respondent Nos.1&2: MR.RAMA RAO GANTA counsel for the Respondent No.3: The Court made the following ORDER: On the complaint made by the petitioners to the second respondent - Assistant City Planner against the third respondent, who is proceeding with the construction of ground and first floor, contrary to the sanction plan vide permit No.56/69 dated 29.03.2004, they were informed through letter dated 02.07.2004 stating that the third respondent approached the City Civil Court and obtained Status quo in I.A.No.74 of 2004 in O.S.No.27 of 2004, dated 11.05.2004 and made construction in deviation to the sanctioned plan and the Office is pursuing the matter with the Standing Counsel, MCH, and taking steps to get the stay order vacated and for necessary action as per Rules. The present writ petition is filed complaining that though in the status quo order granted by the Civil Court, the third respondent was called upon not to raise any further construction, in violation of the sanctioned plan, under the guise of the said order, the Corporation Officials are not taking any action when the third respondent is proceeding with the construction. Whether the construction was made in deviation to the sanctioned plan prior to the issuance of the status quo order or thereafter, is a matter, which has to be gone into by the civil Court before whom the matter is pending. In view of the same, the writ petition cannot be entertained nor any direction can be issued. The writ petition is accordingly, dismissed. No costs. ______________ A.Gopal Reddy, J Date: 24.08.2004 va To 1 The Commissioner, Municipal Corporation of Hyderabad, Tank Bund, Hyderabad. 2 The Assistant City Planner, Municipal Corporation of Hyderabad, Town Planning Section, Circle No.6, Abids, Parking Complex, 4th Floor, Hyderabad. 3 Two CD Copies