THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.16378 OF 2011 Date: 15th November, 2011 Between: Mohd. Asif Nadeem …..Petitioner AND The Commissioner of Greater Hyderabad Municipal Corporation, Tankbund, Hyderabad and others …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.16378 OF 2011 ORDER:- This writ petition is filed seeking to issue a writ of mandamus declaring the action of the respondent Nos.1 and 2 in not taking any action over the complaint of the petitioner dated 11.4.2011 filed against the respondent Nos.3 to 5 for illegal, unauthorized and unlawful constructions carrying on plot Nos.7 and 8 in Survey No.19, admeasuring 1,100 square yards, situated at New Akber Colony, Mailardevpally Village, Rajendranagar Mandal, Ranga Reddy District, as illegal and arbitrary and consequently direct the respondent Nos.1 and 2 to take action against the respondent Nos.3 to 5. 2. Heard. 3. It is stated in the affidavit filed in support of the petition that the respondent No.3 is the absolute owner and possessor of the above said property having acquired the same under a registered sale deed document No.3833 of 1991, dated 5.5.1991 from his vendor and that the respondent No.3 has executed a registered Agreement of Sale-cum- General Power of Attorney in favour the respondent No.4 vide document No.3207 of 2006 dated 7.3.2006 and that the respondent No.4 offered to sell the said property in favour of the petitioner for a total sale consideration of Rs.11,50,000/- and entered into an Agreement of Sale dated 30.8.2006 and received an amount of Rs.9,50,000/- as part sale consideration and the petitioner agreed to pay remaining amount of Rs.2,00,000/- at the time of registration and that during subsistence of the said agreement, the respondent Nos.3 to 5 got set up a false claim by setting up sale deed in favour of the respondent No.5 vide document No.253 of 2007 dated 9.1.2007 with respect to the above property, that the petitioner filed a civil suit in O.S.No.115 of 2011 on the file of the II Additional District Judge, Ranga Reddy District against the respondent Nos.3 to 5 for specific performance of agreement of sale as the sale deed document No.253 of 2007 dated 9.1.2007 is not binding on him as it is null an void and the Court passed ad interim injunction restraining the respondent Nos.3 to 5 from alienating the said property. During the pendency of the above suit, the respondents Nos.3 to 5 are trying to construct a building without permission or sanction plan and that the petitioner has made a complaint dated 11.4.2011 to the respondent Nos.1 and 2 to take action in the matter, but in vain though they are having the power to erect the illegal constructions. Hence, the petitioner filed the present writ petition. 4. The learned counsel for the petitioner contended that there is a complete negligence on the part of the respondent Nos.1 and 2 in not taking action for the illegal constrictions made by the respondent Nos.3 to 5 and hence, he prayed to issue a direction to the respondents Nos.1 and 2 to take immediate action on the complaint of the petitioner. 5. On the other hand, the learned Standing Counsel appearing for the respondent Nos.1 and 2 stated that the respondent Nos.1 and 2 would verify as to whether the respondent Nos.3 to 5 are making constructions illegally and without any sanction plan and thereafter they would take appropriate action after following the due process of law. 6. Recording the same, the writ petition is disposed of directing the respondents No.1 and 2 to take appropriate decision on the representation of the petitioner, dated 11.4.2011, after giving due opportunity to the respondent No.3. No costs. _______________ K.C.BHANU, J 15th November, 2011 TJMR THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.16378 OF 2011 Date: 15th November, 2011