Smt. Chitti Sakkubai v. The Greater Hyderabad Municipal Corporation,

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH

AT HYDERABAD WEDNESDAY, THE SIXTH DAY OF JUNE TWO THOUSAND AND TWELVE :PRESENT:

THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WP .NO:19947 of 2011 Between:

Smt. Chitti Sakkubai W/o. Laxminarayana ..... Petitioner AND 1 The Greater Hyderabad Municipal Corporation, Rep by its Commissioner, M.C.H. Buildings, Tank Bund, Hyderabad 2 Assistant City Planner, Circle No.4 (New) 1 (Old) Gridar Mahal, Charminar, Hyderabad 3 A Srisailam S/o. A Balaiah, Govt. Servant R/o. 16-10-206, Old Malakpet, Hyderabad .....Respondents 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 issue a Writ of Mandamus or any other appropriate Writ, Order or direction declaring the inaction on the part of the respondent Nos. 1 & 2 herein not taking action on the representations dated 20.6.2011 & 11.7.

2011, submitted by the petitioners herein, and allowing the 3rd respondent making illegal constructions in the premises bearing No. 16-10227 situated at Old Malakpet, Hyderabad under G.H.M.C, adjacent to the petitioners plot bearing No. 16-10-227/A/B, without any valid permission from the competent authority, as illegal, arbitrary and contrary to the provisions of GHMC Act, and consequently direct the respondent Nos.1 & 2 herein, not to allow any unauthorized construction to be made by the 3rd respondent in the adjacent plot to the petitioner herein, and to take further action for demolition of the illegal constructions made by the 3rd respondent, in total violation of provisions of Hyderabad Municipal Corporation Act, in the premises bearing No. 16-10-227 situated at Old Malakpet, Hyderabad under G.H.M.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and the order of the High court dated 15-07-2011 made in WPMP. No. 24146 of 2011 and upon hearing the arguments of SRI MAVIDI RAMA RAO, Advocate for the petitioner, (not appeared) SRI R. RADHAKRISHNA REDDY, Standing counsel for the respondents 1 and 2, and Sri Ch.Venkata Raman, counsel for respondent No.3, the court made the following:

ORDER:

" There is no representation on behalf of the petitioner. Post after four weeks.

If any application is filed by the third respondent for grant of building permission, the authorities may consider the same without reference to pendency of this writ petition." Sd/-SABITHA DEVI

ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To 1 The Commissioner, Greater Hyderabad Municipal Corporation, M.C.H. Buildings, Tank Bund, Hyderabad 2 The Assistant City Planner, Circle No.4 (New) 1 (Old) Gridar Mahal, Charminar, Hyderabad 3 A Srisailam S/o. A Balaiah, Govt. Servant R/o. 16-10-206, Old Malakpet, Hyderabad.

4. One C.C.to Sri Madivi Rama Rao Advocate (OPUC) 5.one spare copy.

Bsr HIGH COURT RSR.J DATED 6-06-2012 POST AFTER FOUR WEEKS.

ORDER

W.P.NO. 19947 OF 2011 DIRECTION Bsr Dt. 7-6-2012 HIGH COURT RSR.J DATED 6-06-2012 POST AFTER FOUR WEEKS.

ORDER

W.P.NO. 19947 OF 2011 DIRECTION