IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 12231 of 2009 Between: Nagarjuna Apartments Flat Owners Association, represented by its President Sri M.Balakrishnan Office at H.No.32-77/12, Nagarjuna Apartments, Sitaram Nagar, Safilguda, Hyderabad. .... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, represented by its Commissioner, Liberty, Hyderabad. 2 Malkajgiri Municipality, represented by its Commissioner, Malkajgiri, Hyderabad. 3 B.Mallesh S/o.late B.Nagaiah R/o.H.No.32-77/12, Nagarjuna Apartments, Sitaram Nagar, Safilguda, Hyderabad. ....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 of Mandamus, or any other appropriate writ, order or direction, declaring the inaction of the 1st & 2nd Respondents in demolishing the illegal structures constructed by the 3rd Respondent in the Cellar of Nagarjuna Apartments, H.No.32-77/12, Sitaram Nagar, Safilguda, Hyderabad, contrary to the Sanction Plan Permit No.G2/163/2001, Dt: 13.8.2001, as illegal, arbitrary and further direct the 1st & 2nd Respondents to immediately demolish the same and pass such other order or orders as may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.C.RAGHU Counsel for the Respondents: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : ORDER: This writ petition is filed seeking a declaration that the inaction on the part of the respondents 1 and 2 in considering the representation made by the petitioner dated 7.5.2009 complaining about the alleged illegal and unauthorized constructions being made by the respondent No.3 at H.No.32-77/12, Sitaram Nagar, Safilguda, Hyderabad, as arbitrary and illegal. 2. I have heard the learned counsel for the petitioner as well as the learned Standing Counsel for the respondents 1 and 2. 3. The material on record shows that the representation/complaint made by the petitioner Association was received in the office of the respondents 1 and 2 on 7.5.2009. In the circumstances, the respondents 1 and 2 are bound to make necessary enquiry into the allegations made by the petitioner. Accordingly, without expressing any opinion as to the correctness of the allegations made by the petitioner, the writ petition is disposed of, at the stage of admission, with a direction to the respondent No.1 to consider the representation/complaint dated 7.5.2009 made by the petitioner and pass appropriate orders, in accordance with law, after giving an opportunity to the third respondent to rebut the allegation. Such an exercise shall be completed, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. 4. The writ petition is disposed of accordingly. No costs. _____________ G.ROHINI, J Dt.23-06-2009 RAR THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 12231 of 2009 DATED : 23-06-2009