:: ORDER ::

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“…to issue a Writ of Mandamus or any other writ, order or direction declaring the action of the respondent Nos.1 and 2 in not discharging their duties under the Hyderabad Municipal Corporation Act, 1955 and in not initiating action for the demolition of unauthorized construction undertaken by the respondent Nos.3 and 4 in property bearing H.No.20-6-362, Syed Ali Chaubtra, Hyderabad damaging the petitioner’s house as being illegal, arbitrary, unconstitutional and contrary to the provisions of Hyderabad Municipal Corporation Act, 1955 and consequently direct the respondent Nos.1 and 2 to demolish the said illegal construction in the said property and pass...”

2. Heard Sri V.M.M.CHARY, learned counsel for petitioner, and Sri Raparthi Venkatesh, learned Standing Counsel for GHMC, appearing for respondent Nos.1 and 2. Perused the record.

3. When the matter is taken up for hearing, the learned counsel for the petitioner contended that, despite a specific representation filed by the petitioner on 23.02.2013, the respondent Nos.1 and 2, being the competent authorities along with the concerned Deputy Commissioner, have not taken any action against the illegal construction.

4. Learned counsel for the petitioner further contended that, when the matter was heard on 25.02.2013, this Court, while issuing notice, granted an interim direction restraining respondent Nos.3 and 4 from making any further construction. This Court also directed respondent Nos.1 and 2 to take appropriate action, including initiating appropriate proceedings against the illegal structures raised by respondent Nos.3 and 4.

5. Despite service of notice in 2013, respondent Nos.3 and 4 did not choose to appear before this Court.

6. In that view of the matter, respondent Nos. 1 and 2, along with the Deputy Commissioner, Circle 28, shall ensure that no further construction is carried out by respondent Nos.3 and 4. If any unauthorized construction has already been raised by respondent Nos. 3 and 4, the authorities shall strictly follow the procedure prescribed under the GHMC Act, 1955, by issuing notice to respondent Nos. 3 and 4, giving them an opportunity to be heard, and passing appropriate orders in accordance with law. Such action shall be completed within a period of 10 weeks from the date of receipt of a copy of this order.

6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous applications, if any, shall stand closed.