Point of law: Jurisdiction of this Court under Article 226 of the Constitution of India is discretionary. Unless this Court is convinced that a person has approached it with clean hands, it is under no obligation to extend its aid to such a person. While exercising its extraordinary jurisdiction under Article 226, this Court will bear in mind the conduct of the parties

ORDER :

A. Abhishek Reddy, J.

1. This Writ Petition under Article 226 of the Constitution of India has been filed by Vivekananda Nagar Colony Plot and House Owners' Welfare Association, seeking to declare the inaction of the respondents in demolishing the building named as Gold Stone Maple Home Lotus consisting of 1 stilt+5 upper floors in the alleged plot Nos. 47 and 47/A covered by survey Nos. 97, 98 and 99 of Nekmanpur Village, Gandipet Mandal, as illegal and arbitrary and consequently to direct the official respondents to demolish the said building pursuant to the final notice dated 15.11.2019 issued by respondent No. 3-Manikonda Municipality.

2. The case of the petitioner Association, in brief, is that members of the petitioner Association purchased plot Nos. 1 to 46 in survey Nos. 97, 98, 99, 110 and 111 situated at Nekmanpur Village. Subsequently, the members of the petitioner Association have also constructed buildings and also residing therein. Even though as per the layout sanctioned by then Gram Panchayat Nekmanpur Village, there were only 46 plots, the unofficial respondents occupying the open space earmarked for Club House, Swimming Pool and Park, showing the same to be the land covered by plot Nos. 47 and 47/A in survey No. 95 part admeasuring 847 Sq. yards, got necessary approval from HMDA and respondent No. 7 had constructed a multi storied building named as 'Gold Stone Maple Home Lotus'. The Tahsildar, Gandipet Mandal, carried out an inspection and found that the subject building falls in survey Nos. 97, 98 and 99 and not in survey No. 95/P and sent his report to that effect to the Commissioner, Manikonda Municipality, vide letter dated 18.05.2020. Thereafter, the Respondent No.2 vide letter dated 24.09.2020 addressed to the Commissioner, Manikonda Municipality, not to mutate the unauthorized property and also not to restore power and water supply to the said property. It is further averred that W.P. No. 23416 of 2019 filed by the petitioner Association was also disposed of by a learned Single Judge of this Court, vide order dated 05.10.2019, with a direction to the official respondents to follow the general directions issued by the Division Bench of this Court in W.P. No. 20000 of 2006. Pursuant to the same, a Final Notice dated 15.11.2019 was issued by the Manikonda Municipality directing the unofficial respondents to remove the illegal structures, however, no further action has been taken thereon till date. Even the representation dated 29.07.2020 submitted by the petitioner to the Commissioner, HMDA, was not acted upon. Hence, left with no other option, the present writ petition has been filed. This Court, on 19.10.2020, while ordering notice before admission, directed the respondent No. 7-the Sub-Registrar, Gandipet, not to register any documents in relation to the flats/part of the building or the entire building in Gold Stone Maple Home Lotus.

3. Seeking to vacate the above interim direction, dated 19.10.2020, respondent No. 12 filed a counter affidavit denying the material averments of the affidavit filed in support of the writ petition inter alia stating that respondent Nos. 9 to 11 have purchased the plot bearing Nos. 47 and 47/A in survey No. 95/part (admeasuring 847 sq.yards) situated at Nekmanpur Village from one Smt. Penmetsa Pramila vide registered sale deed bearing No.216/2018 dated 08.01.2018. Further, Respondent Nos.9 to 11 entered into a Development Agreement-cum-General Power of Attorney with respondent No.12 for development of the subject land. Accordingly, they have approached the HMDA authorities for grant of construction permission. After causing due inspection, the HMDA authorities have issued approval for residential building/apartment for construction of 1 stilt+5 upper floors. Thereafter, the construction was commenced and has also been completed. At that juncture, 10 persons under the guise of the petitioner Association started blackmailing the respondent No.12 demanding an amount of R