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This Writ Petition is filed for issuance of Writ of Mandamus declaring the action of the respondents in trespassing into the residential premises on 08.10.2023, without having a final order under Section 452(3) of the Greater Hyderabad Municipal Corporation Act, 1955 (for short 'the Act') for demolition of the deviations of the Building permit issued for residential building in 150 sq. yards bearing House No.15-25-697 situated in Plot No.697/MIG-II, South Side, KPHB Colony, Kukatpally, Hyderabad, as being illegal, arbitrary, violative of Articles 14, 19 & 21 of the Constitution of India and consequently to direct the respondents to follow the procedure contemplated under Section 452 of the Act.

19. In view of the dicta laid down by the Hon'ble Supreme Court and the Division bench of this court, and since admittedly the petitioner herein had constructed 3rd to 5th floors of the building in deviation of the sanctioned plan, this Court is of the considered opinion that the petitioner is disentitled from claiming any relief in the Writ Petition.

20. At this stage, though a request is made by the learned counsel for the petitioner for grant of time to enable the tenants inducted by him into the property to vacate, it is to be noted that the said tenants are not before this Court for making such a request. Further, it is to be noted that the petitioner had voluntarily inducted tenants into the illegally constructed floors, fully knowing that action would be initiated by the respondents after passing the order dt.09.09.2021. In addition to the same, this Court also takes note of the submission of the learned standing counsel, that the illegal construction made by the petitioner has already been removed. Therefore, this Court is of W.P. No.12538 of 1999 and W.P. No.25738 of 1997 decided on 04.10.2023 the view that the petitioner cannot attempt to buy further time to perpetuate his illegality under the guise of protecting the interests of tenants.