WP/22454/2004 of Y.Venkat Reddy, Vs The Municipal Commissioner, L.B.Nagar Municipality, on 27 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE SRI DEVINDER GUPTA,THE CHIEF JUSTICE

and

THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY

WRIT PETITION NO : 22454 of 2004

Between:

1 Y.Venkat Reddy, S/o.Y.Pulla Reddy,

R/O.H.No.9-7-168/2, R/o.Maruthinagar East, Champapet, L.B.Nagar, Hyderabad. 2 K.Bhagyasekhar Reddy, S/o.Ramakrishna Reddy, R/O.H.No.9-7-165, R/o.Maruthinagar East, Champapet, L.B.Nagar, Hyderabad. 3 M.Pratap Reddy, S/o.M.Naresh Reddy, R/O.H.No.9-7-164, R/o.Maruthinagar East, Champapet, L.B.Nagar, Hyderabad. 4 G.Amaresh, S/o.G.Pentaiah, R/O.H.No.9-7-176/1, R/o.Maruthinagar East, Champapet, L.B.Nagar, Hyderabad. 5 G.Suresh, S/o.G.Pentaiah, R/O.H.No.9-7-176/1, R/o.Maruthinagar East, Champapet, L.B.Nagar, Hyderabad. 6 B.Subhash Reddy, S/o.B.Chandra Reddy, R/O.H.No.9-7-173/1, R/o.Maruthinagar East, Champapet, L.B.Nagar, Hyderabad. Champapet, L.B.Nagar, Hyderabad. 2 K.Bhagyasekhar Reddy, S/o.Ramakrishna Reddy, R/O.H.No.9-7-165, R/o.Maruthinagar East, Champapet, L.B.Nagar, Hyderabad. 3 M.Pratap Reddy, S/o.M.Naresh Reddy, R/O.H.No.9-7-164, R/o.Maruthinagar East, Champapet, L.B.Nagar, Hyderabad. 4 G.Amaresh, S/o.G.Pentaiah, R/O.H.No.9-7-176/1, R/o.Maruthinagar East, Champapet, L.B.Nagar, Hyderabad. 5 G.Suresh, S/o.G.Pentaiah, R/O.H.No.9-7-176/1, R/o.Maruthinagar East, Champapet, L.B.Nagar, Hyderabad. 6 B.Subhash Reddy, S/o.B.Chandra Reddy, R/O.H.No.9-7-173/1, R/o.Maruthinagar East, Champapet, L.B.Nagar, Hyderabad.

2 K.Bhagyasekhar Reddy, S/o.Ramakrishna Reddy,

AND

..... PETITIONER(S)

1 The Municipal Commissioner, L.B.Nagar Municipality, L.B.Nagar, Ranga ReddyDistrict.District.

2 M/s.Shilpi Constructions, rep.by G.Prabhakar Reddy, R/o.5-25/63, plot No.10, Sy.No.11 & 12, Maruthinagar East, Champapet, R/o.5-25/63, plot No.10, Sy.No.11 & 12, Maruthinagar East, Champapet,

.....RESPONDENT(S)

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 an order, direction or writ more particularly one in the nature of writ ofMandamus or any other appropriate writ declaring the action of the 1st respondent innot taking any steps against the illegal construction of the 2nd respondent in plotNo.10(5-25/63) situated at Maruthinagar East, Champapet, L.B.Nagar is illegal,arbitrary and unjust; and consequently direct the 1st Respondent to take actionagainst illegal constructions according to the Apartments Act (permission ofConstruction and ownership Act Rules and Regulations, 1987) and pass such otherorder or orders.

Counsel for the Petitioners:MR.B.SHIVA KUMAR

Counsel for the Respondent No.1: MR.R.TIMMA REDDY

Counsel for the Respondent No.2: Mr.Polisetty Radhakrishna The Court made the following Oral Order: (per Sri Devinder Gupta, CJ)

According to learned counsel for Respondent No.1, building permission wasobtained by one S.Venkata Reddy. It was granted by Order No. G1/BP/570/04, on11.8.2004 by the 1[st] respondent. When it was noticed that there were certaindeviations on the said constructions, notices were issued on 24.11.2004 and30.11.2004.

Petitioner has impleaded M/s. Shilpi Constructions, represented by Sri G. PrabhakarRao as party respondent, which is the construction company.

Considering the facts and circumstances, no further and other orders deserves to bepassed in this petition except by issuing direction to the 1[st] respondent to take allsteps as are permissible in Law to ensure that no deviation takes place of thesanctioned plan and in case any deviation takes place, to take appropriate steps fordemolishing the illegal constructions strictly in accordance with law.