IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 2545 of 2009 Between: Sai Enclave Flat Owners Welfare Association Rep. by its President Mr. B. Rajender Reddy, R/o. Flat nO. 301, Sai Enclave, Road No.1, Green Hills Colony, Hyderabad. ..... PETITIONER AND 1 The Commissioner, Greater Hyderabad Municipal Corporation Tank Bund, Hyderabad. 2 The Deputy Commissioner, Circle Office L.B.nagar Circle, L.B.Nagar, Hyderabad. 3 M/s. Sai Laxmi Constructions Rep. by its Managing Partner Mr. V. Suresh Plot NO. 229 , Sairram nagar, Karmanghat, Hyderabad. 4 M/s. Sai Laxmi Constructions Rep. by its Managing Partner Mr.B. Niranjan Flat No. 412, Revathi Towers, Behind Fruit Market Chaitanyapuri, Kothapet, Hyderabad. 5 Smt. G. Nagamani W/o. S. Bala Goud H.No. 16-42 , P & T Colony, Dilsukhnagar 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 in the nature of Mandamus or any other appropriate writ order or direction by declaring the action of the respondents 1 and 2 in not demolishing the illegal, construction i.e, shops and a portion in ground floor constructed by the Respondents 3 to 5 at Sai Enclave, Road No.1 , Green Hills Colony,Hyderabad, asillegal,arbitrary, un-constitutional being violative of Articles 14 and 16 of Constitution of India and consequently direct the respondents to demolish the illegal, construction in cellar Portion duly passing orders on the representations dt. 22-6-2006 and 8-2-2008 submitted by the petitioner, in the interest of justice. Counsel for the Petitioner:MR.B.A.PRAKASH REDDY Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : O R D E R:- The case of the petitioner-association, which consists of 11 flat owners living in an apartment, is that the 5th respondent is the landlord of Plot No.22/4/A, admeasuring 396 square yards in Sy. No. 7 situated at Green Hills Colony, Saroornagar village and Mandal, Ranga Reddy District, and she entered into a Development Agreement with respondents 3 and 4, who constructed a Residential Complex consisting of 11 flats, which the members of the petitioner purchased. While so, respondents 3 and 4 illegally constructed 2 shops and a portion in the ground floor, thereby leaving little room for parking of their vehicles. The petitioner further states that respondents 3 and 4 have not even given the undivided share of the land to the members of the petitioner nor provided minimum facilities i.e. water, drainage, lift, electricity as agreed by them, at the time of execution of registered sale deeds. As the illegal constructions caused inconvenience to the members of the petitioner-association, they made a representation dated 8.2.2008 requesting the 1st respondent to take necessary steps for demolishing the illegal constructions, but its grievance is that respondents 1 and 2 have neither took steps to demolish the illegal constructions nor passed any orders on its representation. Heard the learned counsel for the petitioner and the learned Standing Counsel for Greater Hyderabad Municipal Corporation, and both of them agreed to the disposal of the writ petition with the following directions: “The 1st and 2nd respondents are directed to consider the representation dated 8.2.2008, said to have been made by the petitioner-association, and pass appropriate orders thereon in accordance with law, after hearing respondent Nos.3 to 5 and after considering the objections, if any, that may be filed by them, and take necessary action in accordance with the orders to be passed, within a period of eight weeks from the date of receipt of a copy of this order.” Accordingly, this writ petition is disposed of. No costs. ______________ N.V.RAMANA, J 26th February, 2009 bcj