IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE FOURTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.7099 of 2002 Between: Sri R. Kuppu Rao, S/o Sri K. Ramachandran, R/o Block III, Flat-2, MIG - II, Bagh Lingampally, Hyderabad. ..... PETITIONER AND 1 Municipal Commissioner, Municipal Corporation of Hyderabad, Hyderabad. 2 Mrs. Rebello, W/o not know to petitioner, Major, Flat No.409, Sagar Apartments, Rajbhavan Road, Somajiguda, Hyderabad. .....RESPONDENS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to hold that the inaction of the respondent No.1 against the illegal constructions as illegal and the Municipal permission granted to the respondent No.2 in permit No.99/1993 dated 23-6-1998 on false representations as illegal and void and issue a Writ or order more particularly in the nature of Writ of Mandamus directing the respondent No.1 to initiate steps under the Hyderabad Municipal Corporation Act, 1956 for removal of illegal constructions by the respondent No.2 in plot No.257/A and 258 of Prashasan Nagar Co-Operative House Building Society limited., Hyderabad. Counsel for the Petitioner:MR.SRINIVAS CHITTURU Counsel for the Respondent No.: SMT.KALPANA EKBOTE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.7099 of 2002 ORDER: Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the 1st respondent. The notice sent to the 2nd respondent is not claimed. It is the case of the petitioner that he was allotted Plot No.258 in Prashasan Nagar, Jubilee Hills, Hyderabad, by the Prashasan Nagar Co-operative House Building Society Limited, Hyderabad, and the same was purchased by him vide registered Sale Deed, dated 26-12-1994. The 2nd respondent was also allotted Plot No.257/A and the same was purchased by her vide registered Sale Deed, dated 06-01-1995 and obtained Municipal permission vide permit No.99/1993, dated 23-06-1998 and started construction of the building by encroaching upon the premises of the petitioner. The said fact of encroachment was brought to the notice of the Secretary, House Building Co-operative Society, who inturn issued notice, dated 10-02-1999, to the 2nd respondent for removal of illegal construction. It is stated that the 2nd respondent also issued reply admitting about encroachment and expressing inability to remove illegal construction. Thereafter, the petitioner made representations before the 1st respondent on 18-09-2000, 01-06-20001, 20-01-2002 and 16-01-2002, but the 1st respondent has not taken any action so far. As no counter is forthcoming and the notice sent to the 2nd respondent is not claimed and having regard to the facts and circumstances of the case, the writ petition is disposed of directing the petitioner to make a fresh representation before the 1st respondent within two weeks from today by enclosing earlier representations. On filing such representation, the 1st respondent may consider and dispose of the same, in accordance with law, after giving reasonable opportunity to the petitioner as well as the 2nd respondent. There shall be no order as to costs. ___________ 10-04-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{PRASAD}