IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.9780 OF 2009 Date:07.10.2010 Between: G. Balaiah @ Aggu Balaiah .... Petitioner And The Greater Hyderabad Municipal Corporation, rep. By its Commissioner and 5 others. ...Respondents Order: The petitioner seeks a Writ of Mandamus declaring the inaction of the respondents 1 and 2 pursuant to the complaints dated 06.09.2008, 10.10.2008 lodged by the petitioner as being illegal and arbitrary and violative of principles of natural justice and consequently direct the respondents 1 and 2 to take necessary action forthwith to remove the illegal constructions being constructed by the respondent Nos.3 to 6 in premises situated in Quarter Nos.14/B, 13/B, 12/B, 11/B and 3/A, Khairatabad, Hyderabad. The learned standing counsel appearing for the respondents 1 and 2 and also learned counsel appearing for the respondents 3 to 6 brought to the notice of this court that the petitioner has already filed a civil suit in O.S.No.4516 of 2008 on the file of the IV Junior Civil Judge, City Civil Court, Hyderabad seeking similar relief against all the respondents herein by showing them as defendants and in spite of the same, the petitioner by suppressing the said fact of filing the suit in civil courts, filed this writ petition for the same relief. Even thereafter, the learned counsel for the petitioner argued that the reliefs sought for in the suit in O.S.No.4516 of 2008 are different from that of the reliefs sought for in the present writ petition. The learned counsel for the respondents have produced a copy of the plaint in O.S.No.4516 of 2008 which is pending on the file of IV Junior Civil Judge, City Civil Court, Hyderabad. I have perused the copy of the plaint filed in the above said court. On perusal of such plaint, it indicates that the petitioner has filed a suit seeking mandatory injunction. When it is being observed by this Court that by suppressing the fact of filing suit for the same relief, the petitioner filed this writ petition for the same relief is absolutely abuse of process of this court, the learned counsel for the petitioner seeks permission to withdraw the writ petition. At this stage, in view of the submission made by the learned counsel for the petitioner, the writ petition is dismissed as withdrawn. There shall be no order as to costs. ____________________ R. SUBHASH REDDY, J. October 07, 2010 Gk. IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.9780 OF 2009 Date:07.10.2010. GK.