IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 27624 of 2008 Between: Pilli Anjaneyulu Yadav S/o.P.Chittaiah Yadav H.No.716 Old Malkajgiri Ranga Reddy District ..... PETITIONER AND 1 The Commissioner Greater Hyderbad Municipal Corporation Tank Bund Hyderabad 2 The Deputy Commissioner Greater Hyderbad Municipal Corporation Makajgiri Hyderabad 3 Sri Shaik Hyder Secretary APNA SAHARA 18-7-212/21/B Jahangir Nagar Talab Katta Hyderabad .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue appropriate writ,order or direction more particularly one in the nature of writ of Mandamus declaring in action of the respondents 1and 2 in not taking any action against the 3rd respondent for making illegal and unauthorized construction of the building in the site admeasuring Ac 0.23 gts in Sy No.418/P 420/p situated at Moulai Hyderabad pursuant to the representation dt 8-12-2008 of the petitioner as illegal arbitrary and unconstitutional and consequentially direct the respondents 1 and 2 demolish the unathorized constructions made by the 3rd respondent herein and pass Counsel for the Petitioner:MR.B.CHANDRA SHEKHAR Counsel for the Respondent No.: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO. 27624 OF 2008 ORDER: This writ petition is filed by the petitioner seeking a writ of mandamus to declare the action of the respondents 1 and 2 in not taking any action against the 3rd respondent for making illegal and unauthorized construction of the building in the site admeasuring Ac. 0-23 guntas in Survey No. 418/P, 420/P, situated at Moulali, Hyderabad pursuant to the representation dated 8-12-2008 of the petitioner as illegal and arbitrary. According to the petitioner he is the absolute owner of the land in question situated at RTC Colony, Moulali, Hyderabad. When there is dispute about the title of the said land, it appears, the petitioner approached the competent Civil Court and filed a Civil Suit, O.S.No.1568 of 2001, for perpetual injunction along with I.A.No. 8685 of 2001 for ad- interim injunction. When the said suit was dismissed, the petitioner preferred an appeal i.e. A.S.No. 210 of 2008 and he also filed I.A.No. 2425 of 2008 in the said appeal and the appellate Court was pleased to grant an order of status quo until further orders by its order dated 31-10- 2008. While the matter stood thus, on 5-12-2008 some people came and dumped the construction material like bricks, cements, iron etc., and started demarcating and mapping the plan on the land for the purpose of digging pits. Though the petitioner raised an objection, however, no action has been initiated and hence the petitioner approached this Court and filed this present writ petition. Having heard the learned counsel for the petitioner and learned standing counsel appearing for Respondents No.1 and 2 this Court is of the view that this writ petition can be disposed of at the stage of admission without issuing usual notice to the un-official 3rd respondent. The fact, that the petitioner gave a representation on 8-12-2008 is not in dispute. In that view of the matter, the Respondents 1 and 2 are hereby directed to consider the representation dated 8-12-2008 of the petitioner and pass appropriate orders within a period of two weeks from the date of receipt of copy of this order. It is needless to observe that before passing any order on the representation dated 8-12-2008, the official respondents shall put the petitioner as well as the un-official respondent No.3 on notice, so that the un-official respondent also can ventilate his grievance. Till such time, the 3rd Respondent shall not make any construction in the land in question. Accordingly, this writ petition is disposed of. No order as to costs. _______________________________ Justice Gopala Krishna Tamada 18th December, 2008. KM THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO. 27624 OF 2008 18th December, 2008.