SHANTA DEVI Vs. MUNICIPAL COMMISSIONER NIZAMABAD MUNICIPALITY NIZAMABAD

JUDGEMENT

(1.) This writ petition has been filed stating that the premises bearing No.7-10-911/2 admeasuring 1549 Sq.Yds. situated at Station Road, Nizamabad was jointly owned and possessed by the petitioner and her co-sisters namely, Smt. Susheela Devi (second respondent herein) w/o late Bhikulal Agarwal and Premalatha Devi w/o Suraj Bhan under the registered sale deed dt. 1-7-1972, it is stated that when one of the joint owners i.e., the second respondent herein started construction of the building in the above premises without consent of the other co-owners and without permission from Nizamabad Municipality, the petitioner herein submitted a detailed representation to the first respondent on 11-5-2001 to take immediate action forthwith for stopping the construction sought to be made and to demolish any construction made by the second respondent. When the first respondent did not take any action and as the second respondent was proceeding with construction, the present writ petition has been filed on 14-5-2001 to declare the action of the first respondent for not taking any steps to demolish and stop the illegal construction of the building made by the second respondent as arbitrary and illegal.

(2.) While admitting the writ petition, this Court by an order dt. 15-5-2001 in W.P.M.P.NO. 12254 of 2001 directed the second respondent to stop further construction in the aforesaid premises.

(3.) The learned counsel for the petitioner submits that though the petitioner filed a representation dt. 17-5-2001 enclosing a copy of the order of this Court before the Commissioner of Municipality, Nizamabad, which order was also communicated by the registry on 21-5-2001, the first respondent granted permit in favour of the second respondent for construction of the building vide proceedings No.B.A./D2/140/2001 dt.22-5-2001 and therefore the petitioner herein was constrained to file W.P. M.P. No.21930 of 2001 seeking amendment of writ prayer as follows: