Telangana High Court
WP/25049/2004 of Smt. K. Sunanda, Vs The Commissioner, on 31 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 25049 of 2004 Between: Smt. K. Sunanda, S/o. K. Balachary, Hindu, House hodl r/o. 12-5A
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANA
WRIT PETITION NO : 25049 of 2004
Between:
Smt. K. Sunanda, S/o. K. Balachary, Hindu, House hodl r/o. 12-5A JJ Nagar Alwal Municipality, Ranga Reddy District.
..... PETITIONER
AND
1 The Commissioner, Alwal Municipal Council, Alwal.
2 Smt. Y. Yadamma, W/o. Late Narasimha, Hindu, r/o Plot No. 45 J.J. Nagar, Alwal Municipal Limites, Ranga Reddy District.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a writ or direction one or more in the nature of writ of Mandamus by directingthe First Respondent to take immediate action to stop construction in propertybearing No. 12-1(Plot No. 45) S.No. 191 situated at J.J. Nagar, Alwal, under AlwalMunicipal Limits, Ranga Reddy District bounded on the North by SecondRespondents property south by plot No. 46, east by petitioner's property and Westby Road, and remove the illegal structures erected in deviation of the sanctionedplan.
Counsel for the Petitioner: MR.D.MADHAVA RAO
Counsel for the Respondent No.1: MR.P.RADHAKRISHNA
The Court made the following :
THE HONOURABLE SRI JUSTICE N.V.RAMANA
WRIT PETITION NO.25049 OF 2004
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ORDER:
Heard both sides and with their consent, the writ petition is disposed of at the stageof admission.
Petitioner questions the inaction on the part of the first respondent in takingimmediate action to stop the construction carried on by the second respondent in theproperty bearing No.12-1 (Plot No.45) S.No.191 situated at J.J.Nagar, Alwal ofRanga Reddy District.
The grievance of the petitioner is that the second respondent having obtainedpermission from the first respondent for construction of residential house, deviatedthe sanctioned plan and is constructing a complex without leaving the set backs,and also constructing an extra floor. It is the case of the petitioner that due to the saidconstruction, which is in his neighbourhood, his rights are affected. It is the furthercase of the petitioner that despite his making complaint on 19.11.2004 to the firstrespondent, no action has been taken yet.
However, the learned Standing Counsel for the first respondent submits that actionin this regard has already been initiated and a notice was also issued to the secondrespondent.
In view of the submission of the learned Standing Counsel, no further orders arenecessary in this writ petition and the same is liable to be dismissed.
The writ petition is accordingly dismissed. No order as to costs.
31.12.2004.
mdaa
copy to:
1 The Commissioner, Alwal Municipal Council, Alwal.2. Two C.D.copies.2. Two C.D.copies.