IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 18744 of 2007 Between: P.Narsa Reddy, s/o P.Malla Reddy, r/o 7-4-17/3, Ferozguda, Hyderabad. ..... PETITIONER AND 1 The Greater Hyderabad Municipal Corporation rep., by its Commissioner, Special Officer, Tank Bund Road, Hyderabad. 2 The Deputy Commissioner, The Greater Hyderabad Municipal Corporation, Kukatpally Circle, Moosapet, Hyderabad. 3 Smt.Suresh Vanamala, w/o Suresh, r/o Flat No.2-A, Aurandhathi Nivasam, Ferozguda, 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 issue a writ or any appropriate writ or writs or direction/s more particularly in the nature of writ of mandamus declaring the inaction of the respondents No.1& 2 in removing the unauthorized construction carried by the 3rd respondent over the plot 10 with House bearing No.7-4-17/1 situated at Ferozguda, Hyderabad, pursuant to my representations dt. 27-6-2007 and 3-8- 2007 as illegal, arbitrary and unconstitutional and consequently direct the respondents No.1& 2 to take action forthwith for removal of unauthorised construction made by the 3rd respondent and pleased to pass such other order/s as this Hon'ble court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.B.VIJAYSEN REDDY Counsel for the Respondent No.: SMT.KALPANA EKBOTE The Court made the following : O R D E R: This writ petition has been filed by the petitioner seeking to issue a writ of mandamus declaring the inaction of 1st and 2nd respondents in removing unauthorized constructions carried by 3rd respondent- Smt.Suresh Vanamala over plot No.10 with house bearing No.7-4- 17/1, Ferozguda, Hyderabad as illegal and arbitrary. Rule nisi came to be issued on 4.12.2007. An interim order came to be passed on 23.4.2008 in WPMP.No.24081 of 2007 restraining the 3rd respondent not to make any alienation of the stucture/structures constructed by her at the premises in question until further orders. 3rd respondent entered appearance and filed WVMP.No.1433 of 2008 to vacate the interim order dated 23.4.2008. When the vacate stay petition came up for consideration, learned counsel for the parties consented for final disposal of the writ petition. Heard learned counsel appearing for the petitioner, learned Standing Counsel appearing for GHMC for R1 and R2 and learned counsel appearing for 3rd respondent. Learned counsel appearing for the petitioner submits that the 3rd respondent has obtained permission for construction of ground + two upper floors and thereupon the petitioner submitted a representation to 1st and 2nd respondents to take action for removal of the unauthorized constructions and as R1 and R2 failed to take any action, the petitioner approached this Court by invoking the jurisdiction under Article 226 of the Constitution of India. Learned Standing Counsel appearing for 1st and 2nd respondents submits that necessary action has been initiated and thereupon 3rd respondent approached the Civil Court and filed a suit and obtained interim injunction and therefore further action is not being taken. The fact that 3rd respondent approached the Civil court and secured interim injunction restraining 1st and 2nd respondents from demolishing structures is not in dispute. Such is the situation, I deem it appropriate to dispose of the writ petition directing 1st and 2nd respondents to take further action pursuant to the notice issued under Sec.636 of Municipal Corporation Act as soon as the order of injunction granted by the Civil Court is vacated. Interim order granted on 23-4-2008 in WPMP.NO.24081 of 2007 stands vacated. Accordingly, this writ petition is disposed of with the above directions. No costs. 9th July, 2008. (B.Seshasayana Reddy,J) tnb ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}