Sravanthi Nivas Welfare Association (Reg), v. The Deputy Commissioner,

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY Writ Petition No. 1771 OF 2009 Between:

Sravanthi Nivas Welfare Association Rep. by President M.Narasimha Reddy. ...Petitioner And The Deputy Commissioner, Greater Hyderabad Municipal Corporation L.B.Nagar Circle, L.B.Nagar, Hyderabad. ..Respondent Date of Judgment pronounced: 12.08.2015 Submitted for Approval:

The Hon'ble Sri Justice A.Rajasheker Reddy 1.

Whether Reporters of Local newspapers May be allowed to see the Judgments? Yes/No 2.

Whether the copies of judgment may be

Marked to Law Reporters/Journals Yes/No 3.

Whether His Lordship wish to see the fair Copy of the Judgment? Yes/No HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY Writ Petition No. 1771 of 2009 ORDER :

This writ petition is filed seeking writ of mandamus declaring the inaction of the respondent in taking appropriate steps for demolition of unauthorized structures made in the parking place i.e., Flat No.G-1, in the premises bearing No.9-6-73/1 of Sravanthi Nivas Apartments, situated at Durgabhavani Nagar, Road No.1, Saidabad, Hyderabad, despite representations dated 28.06.2005, 29.09.2005, 30.09.2005, 04.10.2005, 24.10.2005, 02.12.2006, 23.01.2008 and 29.12.2008 as illegal and arbitrary and consequently to direct the respondent to take steps for removal of unauthorized constructions in the subject premises.

2. The respondent has furnished para-wise remarks stating that the owner of Plot No.22 part and 23 in Sy.No.30 at Bhavani Nagar Colony, Sultanvalva Sri V. Sreedhar Reddy have obtained building permission vide permit No.G/BP/1029/2003, dated 30.06.2003 for construction of residential building in ground plus 2 upper floors. However, the owner has constructed stilt plus 3 upper floors and pent house and converted into apartments. However, by proceedings of the respondent in Proc.No.BPS/1630/C-3/EZ/GHMC/2008, dated 31.12.2012, the unauthorized structures raised by the owner of the subject property have been regularized.

3. Heard Sri Kowturu Vinaya Kumar, learned counsel for the petitioner as well as Sri Pasham Krishna Reddy, learned Standing Counsel for the respondent

Corporation.

4. When once the unauthorized structures raised in the subject premises by its owner have been regularized by the respondent, the question of demolishing the same does not arise.

Accordingly, this writ petition is dismissed. However, it is open for the petitioner to challenge the proceedings dated 31.12.2012, in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition, shall stand dismissed. _________________________ A.RAJASHEKER REDDY, J 12.08.2015.

KVS

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY

W.P. No.1771 OF 2009 Date: 12-08-2015 KVS