THE HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.11277 of 2015

ORDER:

This writ petition is filed to declare the action of respondent Nos.1 to 4 in not taking any action against respondent No.5 who is making unauthorized/illegal construction of Cellar, 2^nd, 3^rd and 4^th floors in premises bearing H.No.22-8-37 to 41, Chatta Bazar, Hyderabad, as illegal, arbitrary and violative of Articles 14, 21 and

300-A of the Constitution of India.

2. Heard Ms.Nandini Upadya, learned counsel for the petitioner, Sri Raparthi Venkatesh, learned Standing Counsel for respondent Nos.1 to 4 and M.Radha Krishna, learned counsel representing Sri Mirza Shah Nawaz Baig, learned counsel on record for respondent No.5.

3. Learned counsel for the petitioner would submit that the petitioner residing in the House bearing No.22-8-32, Chattha Bazar, Hyderabad and respondent No.5 is neighbor of petitioner. The respondent No.5 obtained permission for construction of Ground + 1st floor vide permit No.29808/DC/S2, circle-IV, File No.74989/05/09/2013, dated 27.11.2013 from respondent corporation for which a setback of 3.5 meters is required to be maintained on all sides as per the building regulations, howe