IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 13048 of 2009 Between: Abid Rasool Khan S/o. Late Abdul Mannan Khan R/o. 8-2-684/3/R, Road No. 12, Banjara Hills, Hyderabad. ... PETITIONER AND 1 State of Andhra Pradesh Rep. by its Secretary, Municipal Administration & Urban Development Department at Secretariat, Hyderabad. 2 Greater Hyderabad Municipal Corporation Tank Bund Road, Hyderabad Rep. by its Commissioner 3 Gulam Asgar Soomar S/o. LAte Ashraf Ali Gulam Hussain R/o. 8-2-684/2, Road No. 12 Banjara hills, Hyderabad. 4 M/s. Shree Mukh Properties a Partner ship firm rep. by its Partner Shyam Sunder Bansal, S/o. Uladhar Bansal Situated at 8-2-684/2, Road No. 12 Banjara hills, Hyderabad. ....RESPONDENTS 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 a Writ of Mandamus or any other appropriate Writ or writs, order or direction, declaring the action of 2nd Respondent in granting permission to Respondents No.3 & 4 vide permit No. 144/21 in File No. 638/CSC/JP5/2005 dt. 2.12.2006 for construction of two cellars + three upper floors in the premises bearing D.No. 8-2-684/2 situated at Road No.12, Banjara Hills, Hyderabad and in seeking to regularize the unauthorised constructions of 2 cellars + 6 upper floors in premises No. 8-2-684/2, Road No. 12 Banjara Hills, Hyderabad, which were made by 4th Respondent, contrary to sanction plan, as illegal, arbitrary, violative of fundamental rights guaranteed under Art.14 & 1991) (g) of Constitution of India and to consequently direct the Respondents No.1 & 2 to forthwith consider the representations made by petitioner and others on 2.2.2008 and 21.11.2008 and take steps for demolition of unauthorized structures made by fourth respondent in Premises No. 8-2-684/2, Road No.12 Banjara hills, Hyderabad and to see to it that the entrance of the said building with permitted / sanctioned floors is opened towards southern side of the property i.e. 40 ft road; Award costs and pass such other or further orders as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioner : MR.N.SRIDHAR REDDY Counsel for the Respondent Nos.1 & 2: KALPANA EKBOTE (SC FOR MCH CIRCLES 3&5) The Court made the following: HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No : 13048 of 2009 ORDER: The petitioner herein claims to be the absolute owner and possessor of the premises admeasuring 1200 square yards, bearing H.No.8-2-684/3/R situated at Road No.12, Banjara Hills, Hyderabad. This writ petition is filed seeking a declaration that the inaction on the part of the second respondent in considering the petitioner’s representation dated 21.11.2008 complaining about the alleged unauthorized constructions being made by the respondents 3 and 4 at premises No.8-2-684/2, Road No.12, Banjara Hills, Hyderabad, as arbitrary and illegal. I have heard the learned counsel for the petitioner as well as Smt.Kalpana Ekbote, learned Standing Counsel appearing for the 2nd respondent-Corporation. The material on record shows that the representation/ complaint of the petitioner was received in the office of the second respondent on 01.12.2008. In the said circumstances, the second respondent is bound to consider the representation/complaint of the petitioner and make necessary enquiry into the alleged illegal and unauthorized constructions being made by the third and fourth respondents and appropriate action is expected to be taken in accordance with law. Accordingly, without expressing any opinion as to the correctness of the allegations made, the writ petition is disposed of at the admission stage with a direction to the second respondent to consider the representation/complaint of the petitioner dated 21.11.2008 and pass appropriate orders in accordance with law, after giving an opportunity to the third and fourth respondents to rebut the allegations. Such an exercise shall be completed as expeditiously as possible, preferably, within a period of six weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. _____________ G.ROHINI, J Dt.02-07-2009 RAR THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 13048 of 2009 DATED : 02-07-2009