IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 11894 of 2009 Between: 1 Mohd. Asad Ali S/o.Mohd. Faiyaz Ali R/o.D.No.19-4-430/B/41 & 42, Mir Alam Filter, Meer Sagar, Tadban, Hyderabad. 2 Ismail Khan S/o.Late Amath Khan R/o.D.No.19-4-430/B/37, Mir Alam Filter, Meer Sagar, Tadban, Hyderabad. 3 Mohd. Azeem Mohiuddin S/o.Mohd. Aliuddin R/o.D.No.19-4-430/B/38 and 39, Mir Alam Filter, Meer Sagar, Tadban, Hyderabad. 4 Syed Younus @ Baba S/o.Syed Yousuf R/o.D.No.19-4-430/B/47, Mir Alam Filter, Meer Sagar, Tadban, Hyderabad. ..... PETITIONER(S) AND 1 Greater Hyderabad Municipal Corporation, represented by its Commissioner, BRKR Bhavan, Hyderabad. 2 The Chief City Planner, Greater Hyderabad Municipal Corporation, Tankbund Road, Hyderabad. 3 Tulsiram Yadav R/o.Begum Bazar, Hyderabad. 4 Mr. Abdul Khader R/o.H.No.19-4-430/1/68, Mir Alam Filter, Meer Sagar, Tadban, Hyderabad. .....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 writ, order or direction declaring the inaction of the respondent Nos. 1 & 2 herein in not discharging their statutory duties by initiating action against the illegal construction being made by the 3rd respondent on the public street / approach road which is approaching road to the National Highway No.7 from the plots owned by the petitioners in Sy.No. 258 of Mir Alam Tank Filter which is being utilized by the petitioners for the last over 20 years in exercise of their duties under the provisions of the Hyderabad Municipal Corporations Act, 1955 as being illegal, arbitrary, unconstitutional and contrary to the provisions of Hyderabad Municipal Corporation Act, 1955 and consequently direct the respondents 1 & 2 to demolish the illegal construction made by the 3rd respondent in the said approach road and pass. Counsel for the Petitioners: MR.T.SRIKANTH REDDY Counsel for the Respondents: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : Form-NIC-OGS/WP{KURR} THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.11894 of 2009 ORDER: This writ petition is filed seeking declaration that the inaction on the part of the respondents 1 and 2 in considering the representation of the petitioners dated 21-05-2009 complaining about the alleged illegal constructions being made by the third respondent on the public street/approach road to the National Highway No.7 from the plots owned by the petitioners in Sy.No.258 of Mir Alam Tanki Fitter, Hyderabad, as arbitrary and illegal. The material placed before this court shows that the representation made by the petitioners was received in the office of the 1st respondent on 21-05-2009. Hence, the respondents 1 and 2 are bound to make the necessary enquiry into the allegations made by the petitioners. Accordingly, without expressing any opinion as to the correctness of the allegations made by the petitioners, the writ petition is disposed of with a direction to the respondents 1 and 2 to consider the representation of the petitioners dated 21-05-2009 and pass appropriate orders in accordance with law after giving an opportunity to the respondents 3 and 4 to rebut the allegations made. Such exercise shall be made as expeditiously as possible, preferably, within a period four (4) weeks from the date of receipt of a copy of this order. No costs. _______________ Justice G. Rohini Dt.18.06.2009 kvr