IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 69 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 21/11/2008 in WP NO : 17189 OF 2008 on the file of the High Court.) Between: Kishore Kumar, S/o. Hiranand, R/o. P.No.51, Jawahar Nagar Colony, Penderghast Road, Secunderabad. ..... APPELLANT AND 1 The Greater Hyderabad Muncipal Corporation, Tank bund Road, Hyderabad, rep by its Chief Commissioner & Special officer, 2 The Chief City Planner, Greater Hyderabad Municipal Corporation, Tank Bund Raod, Hyderabad. 3 T.N.Khambati, S/o. N.G.Khambati, R/o. 6-2-20, New Boiguda, Secunderabad. .....RESPONDENTS Counsel for the Appellant:SMT.D.PRAMADA Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : JUDGMENT: (Per the Hon’ble Smt. Justice T.Meena Kumari ) Aggrieved by the order, dated 21.11.2008 made in WP No.17189 of 2008 by a learned Single Judge of this court directing the respondents 1 and 2 herein to pursue the action initiated against the third respondent and pass appropriate orders after putting on notice the appellant and other affected parties, the writ petitioner preferred this Appeal. It is case of the petitioner that his mother purchased plot Nos. 18 and 19 and bungalow No. 142, admeasuring 266.66 Sq. yards and 355.55 Sq. yards at Penderghast Road, Secunderabad, under a registered sale deed dated 25.3.1965 and she sold away Plot No.19 subsequently. She also purchased area occupied by a big boulder adjacent to plot No.18 and obtained permission on 13.11.1980 showing the boulder as an open area in her building permission application. The site of 8126 Sq. Yards purchased by the third respondent is adjacent to plot of the petitioner’s mother and is intervened by a 40 feet wide road. It is grievance of the petitioner that though he made complaint to the respondents 1 and 2 about the encroachment of road portion by the third respondent, they have not taken any action as such he came up with the present writ petition. As can be seen from the counter affidavit, case of the third respondent is that the petitioner having lost various proceedings before the civil, has resorted to file this writ petition. The learned Single Judge, having regard to the submission made on behalf of the respondents 1 and 2 that action had already been initiated against the third respondent and having regard to the notice issued by the respondents calling upon the third respondent to produce copy of the ownership documents along with sanctioned plan in respect of the disputed site and constructions thereon, directed the respondents 1 and 2 to pursue the action initiated against the 3rd respondent and pass appropriate orders after putting the affected parties including the appellant and the third respondent on notice. Aggrieved thereby, the Writ Petitioner preferred this Appeal. The contention of the learned counsel for the appellant that the respondent No.3 has encroached upon public road facing south of his house, is vehemently opposed by the learned counsel for the third respondent. It is further contended on behalf of the appellant that the impugned order directing the respondents 1 and 2 to pursue the action initiated against the third respondent does not stipulate time frame, within which the exercise shall be completed. Having gone through the entire material available on record, while affirming the impugned order in all aspects, we direct the first respondent to complete the entire exercise, indicated by the learned Single Judge, within a period of six weeks from today after hearing all the affected parties including the appellant and third respondent and pass a reasoned order and communicate the same to the parties concerned. With the above direction, the Writ Appeal is disposed of. No order as to costs. _____________________ Justice T. Meena Kumari _________________________ Justice C.V.Nagarjuna Reddy February 4, 2009 Copy within a week. //BO// MAS