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3. Sri G.R.Sudhakar, learned counsel for the petitioner submits that the petitioner is the owner of the land admeasuring 73.6 square yards and in possession thereof as also the house respondent Nos.4 and 5 situated towards south of the petitioner's property and is divided into two (02) plots. The said respondents started raising constructions with deviations and contrary to the building permit order, encroaching upon the pathway. The respondent No.5 is raising construction even without any building permit and has also demolished part of the petitioner's wall and the roof of the tiled house. The petitioner approached the official respondent No.2 by filing application dated 18.05.2019 requesting to initiate appropriate proceedings against the respondent Nos.4 and 5 upon which the respondent No.2 got conducted an enquiry and issued notices U.C.No.02/2019/TPS-2, TPBO TPS-2, dated 22.05.2019 and B.A.No.1077/0056/B/NMC/SS/2019, dated 22.05.2019 to said respondents. It is further submitted that in the enquiry report, deviations were clearly indicated as also that the respondent No.5 raised construction without any building permit, and the respondent No.5 encroached the passage which facts have been indicated in the notices issued to the respondent Nos. 4 and 5.

6. Sri J.Sarath Chandra, learned counsel for the respondent Nos.4 and 5 submits that there is no deviation in the building construction nor the property of the petitioner is being damaged. He submits that the pathway as alleged in the writ petition is not the public way but is being used commonly by petitioner as also the respondent Nos.4 and 5. He submits that the dispute between the petitioner and the respondent Nos.4 and 5 is of private nature with respect to the private property for which the petitioner should approach in the civil suit. He submits that the Act confers discretion on the Commissioner in passing the Order and no direction can be given to the Commissioner to exercise such discretion by this Court.

The second respondent is directed to file an affidavit with regard to compliance of the interim orders dated 25.06.2019 by the next date of hearing."

11. The respondent No.2 has filed the counter affidavit. Para Nos.4 to 6 of the counter affidavit are reproduced as under:-

"4. It is submitted that in pursuance of the proceedings when the officials of this Respondent Municipality attempted to demolish the deviated portion and so also the unauthorized constructions, the Respondent 4 and 5 assured that they will remove the deviations in order to avoid damage to the remaining building, but failed to do so. I further submit that this Respondent Municipal authorities already got removed the compound wall and the steps constructed into the encroachment portion.