IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 16820 of 2008 Between: Smt. Annavarapu Anasuyamma, W/o. A. Kutumba Rao, R/o. D.No. 8/306-C, Vijaya Apartment, 8th Lane, Rajendra Nagar, Gudivada, Krishna District. ..... PETITIONER AND 1 The Gudivada Municipality, Rep. by its Commissioner, Gudivada, Krishna District. 2 Parangi Dhanamjaya Rao, President, Vijaya Apartment Welfare Association, Vijaya Apartment, 8th Line, Rajendra Nagar, Gudivada, Krishna District. 3 R.V. Surender Reddy, Secretary, Vijaya Apartment Welfare Association, Vijaya Apartment, 8th Line, Rajendra Nagar, Gudivada, Krishna 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 inaction of the 1st respondent in removing unauthorized constructions made under the supervision of respondents 2 and 3 at Vijaya Apartments situated in Ward No.8, 8th Line, Rajendra Nagar, Gudivada Municipality, Krishna District, in spite of making several complaints, as bad, illegal, arbitrary, discriminatory and oﬀends Article 14 and 21 of the Constitution of India and consequently to direct the 1st respondent to remove unauthorized constructions at the premises above mentioned and pass Counsel for the Petitioner: MR.V.VENUGOPALA RAO Counsel for the Respondents: MR.S.NAGESWARA REDDY The Court made the following : ORDER: This writ petition has been ﬁled by Smt. Annavarapu Anasuyamma, assailing the inaction of the ﬁrst respondent on his representation complaining unauthorized constructions made by respondents 2 and 3 in the open space adjacent to her flat. The petitioner is the owner of a residential ﬂat bearing D.No. 8/306-C, Vijaya Apartment, 8th Line, Rajendranagar, having purchased under Registered Sale Deed No.4937/2001, dated 26.11.2001. There are 12 ﬂats in the Vijaya Apartment. Around the apartment, there is vacant land as per the Sanctioned Plan and Zoning Regulation for the purpose of ventilation. Respondents 2 and 3 put up unauthorized constructions in the area speciﬁed as open space as per the Sanctioned Plan and Zoning Regulation. Since her representation remained unattended, she approached this Court invoking the jurisdiction under Article 226 of the Constitution of India. When the writ petition came up for admission Sri S. Nageswara Reddy, Learned Standing Counsel for Gudivada Municipality received notice on behalf of the first respondent. The fact of the petitioner presenting representation, dated 20.06.2008 to the ﬁrst respondent complaining unauthorized constructions made by respondents 2 and 3 is not controverted. In that view of the matter, the Writ Petition is disposed of at the stage of admission directing the ﬁrst respondent to consider the representation, dated 20.06.2008 submitted by the petitioner, after putting on notice the eﬀected parties including respondents 2 and 3, and pass appropriate orders as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. _________________________ (B. Seshasayana Reddy, J.) 4th August, 2008 Js ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Gudivada Municipality, Rep. by its Commissioner, Gudivada, Krishna District. 2 2 CD copies.