THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE GHULAM MOHAMMED WRIT APPEAL NO.820 OF 2011 DATED:16.11.2011 Between: A. Rambabu and another … Appellants And Sri V.V. Suvarneswara Raju and others … Respondents THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE GHULAM MOHAMMED WRIT APPEAL NO.820 OF 2011 JUDGMENT: (per the Hon’ble the Chief Justice Shri Madan B. Lokur) The appellants are aggrieved by order dt.23.8.2011 passed by a learned single Judge in W.P. No.22528 of 2011. 2. According to the respondent No.1 - writ petitioner, present appellants had made some unauthorized constructions in the neighbouring property. 3. On the basis of the complaint made by the writ petitioner, provisional notice was issued to the appellants on 28.5.2011. After considering the reply given by the appellants, a confirmation order dt.1.6.2011 was passed requiring the appellants to remove the deviations. 4. Since no action appears to have been taken by the municipal authorities, the writ petitioner moved this Court for a direction to the municipal authorities to implement the order dt.1.6.2011. The writ petition was disposed of by the learned single Judge by granting the relief by the order under appeal. 5. Learned counsel for the appellants points out that by virtue of the order under appeal, their right of filing a statutory appeal before the concerned authorities under the Andhra Pradesh Municipalities Act, 1965, has been destroyed. Learned counsel for the appellants makes a prayer for some time to file an appeal so that the matter can be resolved one way or the other, at the appellate level, since, according to learned counsel there are only minor deviations in the property. 6. Considering the request of the learned counsel for the appellants, which is opposed by learned counsel for the writ petitioner, we are of WA 820 of 2011 Page 1 of 2 the opinion that it would be in the interest of justice, if recourse is taken to the statutory remedies rather than to precipitate the matter through orders passed by this Court. 7. In the circumstances, we grant two weeks time to the appellants to file an appeal before the statutory authorities and we direct the statutory authorities to dispose of that appeal within a period of one month from the presentation of the appeal and in any case on or before 31.1.2012. Needless to say, the writ petitioner will be entitled to be heard before the appellate authority. Until disposal of the appeal by the statutory authorities, parties would maintain status quo as on today. 8. The writ appeal as well as the miscellaneous application are disposed of. __________________ MADAN B. LOKUR, CJ ____________________ GHULAM MOHAMMED, J 16-11-2011 bnr WA 820 of 2011 Page 2 of 2