IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.19803 of 2008 Between: Smt,. Kareddy Praveena W/o. Sri K. Mahender Reddy R/o. H.No. 16-1-483/15, Saidabad, Hyderabad. ..... PETITIONER AND 1 L.B. Nagar Municipality, Rep. by its Commissioner, L.B. Nagar, Hyderabad. 2 Greater Hyderabad Municipal Corporation Rep. by itrs Commissioner, Liberty, Hyderabad. 3 Vanga Madhusudhan Reddy S/o. Late V. Dharma Reddy R/o. H.No. 8-1-67, Near Gandhi Statute, Karmanghat, Saroornagar , R.R. District. .....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 to issue a writ of Mandamus or any other appropriate writ order or direction declaring the action of the respondents 1 & 2 in allowing the third respondent to construct 6 floors in an extent of 138 sq. Yards in Sy.No. 23 ward No. 10, Block -1, Lingojiguda, Saroornagar Mandal, R.R. District, L.B.Nagar Municipality without any Sanction Plan as illegal, & arbitrary and further direct the Respondents 1 & 2 to demolish the illegal structures and pass such other order or orders Counsel for the Petitioner:MR.C.RAGHU Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.19803 of 2008 ORDER: The petitioner approached this court and filed the present writ petition seeking a Writ of Mandamus declaring the action of respondents 1 and 2 in allowing the 3rd respondent to construct six floors in an extent of 138 sq. yards in Sy.No.24, Ward No.10, Block-1, Lingojiguda, Saroornagar Mandal, R.R.District, L.B.Nagar Municipality, without any sanctioned plan, as illegal and arbitrary. This court, on 11-09-2008, while ordering notice before admission, directed the 2nd respondent herein to submit status report. Pursuant to the said direction, the 2nd respondent submitted its status report. A perusal of the status report goes to show that there is a structure consisting of cellar + four floors and partly 5th floor (framed structure with roof slabs only). No construction work is being carried out at the site and the same is kept idle. To verify as to whether the said construction is in accordance with the sanctioned plan or not, the 3rd respondent did not produce copy of the sanctioned plan. Today, when the matter is taken up for hearing, the learned counsel for the 3rd respondent, who filed a detailed counter, stated that though the 3rd respondent tried to produce the sanctioned plan before the respondent authorities, they did not look into the same. As it is for the respondent authority to verify as to whether the said construction is in accordance with the sanctioned plan or not, this court is of the view that it is just and proper to direct the 3rd respondent to produce the sanctioned plan before the 1st respondent within a period of two weeks from the date of receipt of a copy of this order and on such production, it is for the 1st respondent to pass appropriate orders in accordance with law within a period of four weeks thereafter. Accordingly, the writ petition is disposed of with the above direction. There shall be no order as to costs. __________ 16-12-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}