S. PARVATHA RAO, J.

( 1 ) THIS Civil Revision Petition is filed under Art. 227 of the Constitution of India for declaring the order dated 6-12-1989 made in E. P. No. 3 of 1988 in O. S. No. 1932 of 1985 and the consequential order dated 7-3-1990 made in E. A. No. 23 of 1990 in E. P. No. 3 of 1988 by the IInd Assistant Judge, City Civil Court at Hyderabad regularising the unauthorised constructions in respect of the premises bearing Municipal No. 21-2-142/1 to 4 situated at Charkaman in Hyderabad city, as illegal and unjust and for setting aside the said orders, etc.

( 2 ) THE affidavit in support of this Civil Revision Petition is filed by the 1st petitioner. She states that she is the absolute owner of the premises bearing Municipal No. 21-2-131/7 to 9 situated at Charkaman in Hyderabad and that the said premises are siutated opposite to the premises bearing Municipal No. 21-2-142/1 to 4 on the other side of the road. The 2nd petitioner is the husband of the 1st petitioner and the 3rd petitioner is a tenant of the premises bearing Municipal No. 21-2-131/7 to 9 of the 1st petitioner. The 1st petitioner states that the premises bearing Municipal No. 21-2-142/1 to 4 were purchased by the 1st respondent herein under a registered sale deed dated 10-1-1984. According to her the plan attached to the said sale deed will show that portions of public road on the western and northern sides are included as part of the said premises purchased by the 1st respondent. The said premises of the 1st respondent are in the commercial use zone. The 1st repsondent applied to the Government of Andhra Pradesh for relaxation of the zoning regulations of 1981 applicable to the said building for constructing a first floor. The Government of Andhra Pradesh in G. O. (Rt.) No. 1835, Housing, Municipal Administration and Urban Development Department dated 29-10-1984 passed the following order:-- "under Regularisation 12 of the Zoning Regulations 1981, the Govt. hereby relax the provisions of Regulations 9-2-1, 10 and 6-1-2 of the said regularisations to the extent indicated below in favour of Smt. Shakimtala for change of roof of the ground floor and construction of first floor in P. No. 21-2-142/1-4 at Qulzar House:-- Z. R. 9-2-1 (i)-- To the full extent of 10 -00" towards Nothern and Western sides for ground and first floor. (ii) To the full extent of 10 -00" towards Eastern side for ground and first floor. (iii) To the full extent of 5 -0" towards Southern side, 10. Coverage -- To the full extent. 6-1-2 -- To allow residential building in Commercial use zone. 2. The relaxation ordered in para (1) above is subject to the following conditions :-- (a) The petitioner should not project balconies towards Western and Northern sides. (b) The petitioner should not disturb the privacy of the neighbours on Eastern and Southern sides by way of opening of ventilations or windows and should produce no Objection Certificate from them. (c) The petitioner should not propose further vertical expansion at any time in future. 3. The Special Officer, Municipal Corporation of Hyderabad is requested to take necessary action accordingly and issue a building permit to the petitioner. " Pursuant to the said order of the Government of Andhra Pradesh, the 2nd respondent i. e. , the Municipal Corporation of Hyderabad gave building permit No. 61/51 and the 1st respondent constructed the first floor. As tbe 1st respondent was making further constructions, the Municipal Corporation of Hyderabad issued notices to the 1 st respondent under Sections 452, 461 and ultimately under Section 636 of the Hyderabad Municipal Corporation Act, 1955 (hereinafter referred to as the Act ) objecting to the further construction being made by the 1st respondent on the ground that the 1st respondent was raising R. C. columns on the second floor unauthorisedly, and requiring her to remove the same. Thereupon, the 1 st respondent filed Civil Suit O. S. No. 56 of 1985 before the Vacation Judge, City Civil

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