IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5450 of 2009 Between: G.Y.Amarnath S/o.Late G.C.Yoganadham R/o.H.No.18-6-315, Gowlipura Near Gandhi Statue, Hyderabad ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, rep.by its Commissioner, Tank Bund Road,Hyderabad 2 The Chief City Planner, Greater Hyderabad Municipal Corporation, Lower Tank Bund Road,Hyderabad 3 The Assistant City Planner, Greater Hyderabad Municipal Corporation, Circle No.2, Sardar Mahal, Hyderabad 4 The Additional Commissioner, Greater Hyderabad Municipal Corporation, South Zone,Sardar Mahal, Hyderabad 5 The Assistant Commissioner, Greater Hyderabad Municipal Corporation, Lower Tank Bund Road,Hyderabad 6 K.Rajalingam S/o.Janaki Ram R/o.H.No.18-6-316, Gowlipura .....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 a writ of mandamus or any other appropriate writ or writs order or direction declaring the action of the respondetnNo.1 to 4 in permitting the respondents No.5 to proceed with illegal, and unauthorized constructions in premises bearing Municipal No.18-6-315, situated at Gowlipura, Near Gandhi Statute, Hyderabad, admeasuring 103 sq.yards by encroaching upon the lane as illegal, arbitrary,and contrary to the provisions of HMC Act and to consequently direct the respondents No.1 to 4 to consider the representation dated 15.12.2008 made by the petitioner and take steps for removal of such illegal, and unauthorized construction as per the provisions of HMC Act and to stop further illegal, constructions by respondents No.5 in the above property which are made contrary to the provisions of HMC Act and pass Counsel for the Petitioner: MR. KISHORE RAI Counsel for the Respondent No.: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : O R D E R:- The petitioner claims that he is the absolute owner and possessor of the property bearing No.18-6-315 situated at Gowlipura, Hyderabad admeasuring 300 sq. yards having acquired it by succession. While so, the 5th respondent, who is his neighbour, without obtaining sanction from the official respondents, and without leaving set back, encroached upon the public road by 2.5 feet and is raising pillars by digging the trenches unauthorizedly, which is against the provisions of building bye-laws and the provisions of Hyderabad Municipal Corporation Act, and thereby depriving his right of way to the public road and also causing inconvenience to the public at large. The petitioner made representation dated 15.12.2008 to the 1st and 4th respondents requesting them to take steps to stop the 6th respondent from making such illegal constructions, but it is his grievance that so far no action has been taken to stop the illegal constructions, nor any orders have been passed on his representation. Heard the learned counsel for the petitioner and the learned Standing Counsel for Greater Hyderabad Municipal Corporation appearing for respondents Nos.1 to 4. Since the representation dated 15.12.2008 said to have been made by the petitioner is pending consideration before respondent Nos.1 and 4, this Court deems it appropriate to dispose of the writ petition with the following directions: “The 1st respondent-Commissioner and the 4th respondent- Additional Commissioner, Greater Hyderabad Municipal Corporation, are directed to consider the representation dated 15.12.2008 said to have been made by the petitioner, and pass appropriate orders thereon, after issuing notice to respondent No.6 and after considering the explanation, if any, to be submitted by him, in accordance with law.” Accordingly, this writ petition is disposed of. No costs. ______________ N.V.RAMANA, J 18th March, 2009 bcj