HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.22728 of 2005 Date: 21.12.2009 Between : Kanakamedala Siva Prasad. ..... PETITIONER AND The Ponnur Municipality, rep. by its Commissioner & others. .....RESPONDENTS HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.22728 of 2005 ORDER : In this writ petition, the petitioner seeks a declaration by way of Mandamus, declaring the action of respondent No.1 in allowing respondents 3 and 4 to construct the cellar portion unauthorisedly, by deviating the approved plan, and also in issuing ‘no objection certificate’ to the 2nd respondent for running a bar and restaurant in cellar. 2. The petitioner is an occupant in the ground and first floors of the premises bearing Door No.14-1-11, situated at Chirala Bus stand, G.B.C. Ground in Ponnur town of Guntur District. It is the grievance of the petitioner that the 2nd respondent is taking steps to set up a bar and restaurant under the name and style of ‘Bhavani Restaurant and Bar’ in the cellar portion of the building, which is constructed illegally and unauthorisedly. 3. When the matter is taken up, the learned counsel appearing for respondents 3 and 4 submits that so far, they have not given possession of the premises in question to run any bar and restaurant, and further, it is stated that they have decided not to let out the cellar portion to run any bar and restaurant. In view of the statement made by the learned counsel for respondents 3 and 4, the learned counsel for petitioner requests to record the same and dispose of the matter. 4. In that view of the matter, this writ petition is disposed of, placing on record the statement made by the learned counsel for respondents 3 and 4 that the cellar portion of the premises in question will not be let out to run any bar and restaurant. However, it is made clear that if any unauthorized constructions are there, this order will not preclude the 1st respondent-Municipality from taking steps for removal of such unauthorized constructions, in accordance with law. No order as to costs. _____________________ R.SUBHASH REDDY, J 21st December 2009 ajr