IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 27987 of 2008 Between: 1 Gulam Subhani, S/o. Late Gulam Samdani, R/o. D.No. 20-4-55, New Bus Stand, Charminar, Hyderabad. 2 Farooq Bin Ahmed, S/o. Ahmed Bin, Omer, R/o. H.No. 18-7-198/A/38, New Moghalpura, Hyderabad. 3 Habeeb Ali Buftaim, S/o. Habeeb Saleh, Burtaim, R/o. H.No. 8-33/1, Shaheen Nagar, Saroornagar Mandal, Ranga Reddy District. ..... PETITIONER(S) AND 1 The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad. 2 The Deputy Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad. Rajendernagar Circle. 3 Deeksha Educational Society, Rep. by Secretary, Smt. P. Padma Sheela Chandra Mohan, 6-2-13, Shivarampally, N.P.A (Post), Ranga Reddy District.. Pin 500 052. .....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 issue an appropriate Writ, Order or Direction, more particularly in the nature of Writ of Mandamus, declaring the inaction of the respondent No.1 and 2 in not demolition of the illegal and unauthorized construction of compound by respondent No.3 without having any permission or sanction from the respondent No.1 and 2, as illegal, arbitrary, unconstitutional consequently direct the respondent No.1 and 2 to take necessary steps for demolition of the unauthorized compound wall of the respondent No.3 and to grant such other relief or reliefs. Counsel for the Petitioner:MR.K.HARISH KUMAR Counsel for the Respondent No.: SMT.KALPANA EKBOTE The Court made the following : ORDER According to the petitioners, they are the GPA holders of the property in question and when the third parties are encroaching into the said land and removing the compound wall, the same was brought to the notice of the unofficial respondent. But, no action has been initiated. Hence, the petitioners approached this Court and filed the present writ petition complaining the inaction on the part of respondents 1 and 2. As this Court is of the view that this writ petition can be disposed of at the admission stage itself, without issuing any notice to the unofficial respondent, the usual notice to the 3rd respondent is dispensed with. Heard the learned counsel for the petitioner and the learned Standing Counsel for Greater Hyderabad Municipal Corporaiton. As the petitioners have made a complaint stating that they are the GPA holders and some third parties, particularly the 3rd respondent is making constructions without any right whatsoever, a duty is cast upon the authorities to cause a detailed enquiry into the said allegations made in the complaint dated 12.2.2007. Accordingly, this writ petition is disposed of, with a direction to the 2nd respondent to cause a detailed enquiry into the allegations made in the complaint dated 12.2.2007 given by the petitioners. However, since the usual notice to the unofficial respondent No.3 is dispensed with, the official respondents are hereby directed to put the 3rd respondent on notice before holding any enquiry. This entire exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. Till such exercise is completed, the 3rd respondent shall not proceed with any further construction. Accordingly, the writ petition is disposed of. No costs. __________ 24-12-2008 Note: Issue CC by one week. (B.O) rkk