IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 24244 of 2008 Between: M.A. Basith, S/o. M.A. Lateef, R/o. H.No. 12-2-822/B/14, Mehdipatnam, Hyderabad. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation Rep. by its Commissioner, Having office at Tank Bund Road, Hyderabad. 2 The Assistant City Planner, Circle-IV, Greater Hyderabad Municipal Corporation, having Its Office at Abids, Hyderabad. 3 The District Collector Hyderabad District, having office at Chirgag Ali Lane, Abids, Hyderabad. 4 AP State Wakf Board, Rep. by its Chief Executie Officer, Having Office at Razzak Manzil, 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 a Writ or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents 1 and 2 in not demolishing the illegal structures constructed by the third parties on the property under H.No. 13-3-442 is a grave yard with old Masjid in Sy.No. 71/A in Ward No. 13, Block No.3, total admeasuring ac. 14.00 guntas, situated at Imampura, Jiyaguda, Puranapool, Hyderabad as illegal, arbitrary and violation of principles of naturaljustice and consequently direct the 3rd respondent not to regularize any ofthe encorachements on the property under H.No. 13-3-442 is a grave yard with Old Masjid in Sy.No. 71/A in Ward No.13, Block No.3, total admeasuring Ac. 14.00 guntas, situated at Imampura, Jiyaguda, Puranapool, Hyderabad, and to pass Counsel for the Petitioner:MR.MOHD.MOIN AHMED QUADRI Counsel for the Respondent No.: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 24244 OF 2008 ORDER: 1. This writ petition has been ﬁled by M.A. Basith assailing the inaction of the respondents 1 and 2 on his representations with regard to the illegal constructions made by the 3rd parties on the premises bearing No. 13-3-442. 2. It is the contention of the petitioner that the premises bearing No.13-3-442 comprising Survey No.71/A in ward No. 13, Block No.3, admeasuring Ac.14-00 guntas, situated at Imampura, Jiyaguda, Puranapool, Hyderabad is a Wakf property. He claims to have submitted representations to the various authorities complaining the illegal constructions being made by the third parties in the Wakf property. There being no action on the part of the authorities, he approached this Court invoking jurisdiction under Article 226 of the Constitution of India. 3. When the writ petition came up for admission, Sri R. Radha Krishna Reddy, learned standing counsel for Greater Hyderabad Municipal Corporation takes notice on behalf of the respondents No.1 and 2 and learned standing counsel of Wakf Board takes notice on behalf Respondent NO.4. 4. Heard learned counsel appearing for the parties. 5. Learned standing counsel appearing for the Wakf Board submits that Wakf Board had already taken up the matter and addressed a letter dated 30-6-2008 to the Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad to initiate necessary steps for constructions a compound wall around the Wakf property. Since Wakf Board has already initiated proceedings to protect the property, there is no need of the petitioner to take up the same cause. 6. In that view of the matter, this writ petition is dismissed at the admission stage. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 6th November, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 24244 OF 2008 6th November, 2008.