Vanam Rajesh, v. The Commissioner,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.39884 of 2012 ORDER:

This writ petition is filed to direct the respondents 1 and 2 to consider his representation dated 16-08-2012 to demolish the illegal constructions made in Plot bearing Nos.2, 3, 10 and 11 admeasuring 2247 square yards in Sy.No.65 and 66 situated at Lingojiguda Village, Saroornagar Mandal, Ranga Reddy District.

The case of the petitioners is that the petitioners are the joint owners and possessors of plot bearing Nos.2, 3, 10 and 11 admeasuring 2247 square yards in Sy.Nos.65 and 66 at Lingojiguda Village, Saroornagar Mandal, Ranga Reddy District along with respondents 3 and 4 and others, for which they have filed a suit for partition in O.S.No.1953 of 2005 on the file of II Senior Civil Judge, Ranga Reddy District and the same was decreed on 26-06-2008. It is further stated that the respondents 3 and 4 have approached the respondent No.2-municipality by misrepresenting the facts applied for permission and respondent No.2 sanctioned permission to construct the residential apartment with stilt+5 floors vide proceedings No.G1/BP/438/06, dated 15-06-2007.

But the respondents 3 and 4 have deviated the sanctioned plan and constructed for commercial complex in the ground floor, which is causing inconvenience to the public. Aggrieved by the same, the petitioners made representation dated 1608-2012 before the respondents 1 and 2. But no action has been taken. Hence, the present writ petition is filed. Heard the learned counsel for the petitioners and the respondentCorporation. Though notices are issued and served on the respondents 3 and 4, there is no appearance for them.

Since it is stated that respondents 3 and 4 have made constructions in deviation of the sanctioned plan and representation, dated 16-08-2012 made by the petitioners is pending before the

respondents 1 and 2 and it is for them to take appropriate action on the same.

In view of the same, I deem it appropriate to direct the 2nd respondent to consider the representation dated 16-08-2012 made by the petitioners and pass appropriate orders and thereafter take action in accordance with law within a period of eight weeks from the date of receipt of the order.

With the above direction, the writ petition is disposed of. As a sequel thereto, miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 28-09-2015 Nvl