IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION NO : 10374 of 2009 Between: 1 Mohammed Moizuddin, S/o. Mohd. Nizamuddin, R/o. H.No. 16-5-456/A, Kidki Bode Ali Shah, Dabeerpura, Hyderabad, Andhra Pradesh. 2 Mohd. Mohiuddin, S/o. Mohd. Maqbool, R/o. H.No. 16-5-453, Kidki Bode Ali Shah, Dabeerpura, Hyderabad, Andhra Pradesh. 3 Mohd. Mazher, S/o. Mohd. Pasha, R/o. H.No. 16-5-468, Kidki Bode Ali Shah, Dabeerpura, Hyderabad, Andhra Pradesh. ..... PETITIONERS AND 1 The Commissioner & Special Officer, Greater Hyderabad Municipal Corporation, Tank Bund, Hyderabad. 2 The Asst. City Planner, Town Planning Section, G.H.M.C., Circle No. IV/V, Sardar Mahal, Charminar, Hyderabad. 3 Mohammed Shareef, S/o. Mohdamed Jahangir, R/o. H.No. 16-5-471/2, Kidki Bode Ali Shah, Dabeerpura, Hyderabad, Andhra Pradesh. .....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 Writ, Order or Direction more particularly one in the nature of Writ of "Mandamus" inaction of the respondents No.1 & 2 in not considering the representations and reminders dated 28-04-2009, 06-05-2009 and 15-05-2009 and in failing to initiate any action against the illegal and unauthorized construction being carried out by the Respondent No.3 in premises bearing Municipal No. 16-5-471/2, Kidki Bode Ali Shah, Dabeerpura, Hyderabad, by encroaching the Municipal Road and Government Land and causing severe hardship and difficulty to the Petitioners and other members of the locality, as being illegal, arbitrary and unconstitutional and consequently direct the respondents No.1 and 2 to consider the representations and reminders dated 28-04- 2009, 06-05-2009 and 15-05-2009 and initiate necessary action as per Law for stopping the illegal and unauthorized construction being carried by the Respondent No.3 in premises bearing No. 16-5-471/2, situated at Kidki Bode Ali Shah, Dabeerpura, Hyderabad and demolish the illegal construction made by the respondent No.3 by encroaching the municipal road and government land and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.GANTARAMAKRISHNA Counsel for the Respondent No.: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : THE HON’BLE SRI JUSTICE B.PRAKASH RAO Writ Petition No.10374 of 2009 ORDER : Heard Sri G.Ramakrishna, the learned counsel for the petitioner and Sri R.Radha Krishna Reddy, the learned standing counsel for GHMC and at their request the main Writ Petition itself is taken up for final disposal at the stage of admission. In this Writ Petition the grievance of the petitioners is that in spite of their representations and reminders dated 28-04-2009, 06-05-2009 and 15-05-2009 as against the illegal and unauthorized constructions carried out by the respondent No.3 in the premises bearing Municipal No.16-5- 471/2, Kidki Bode Ali Shah, Dabeerpura, Hyderabad, no action is being taken by the respondent Nos. 1 and 2. Hence, the Writ Petition. Having regard to the facts and circumstances of the case and especially as the representations filed by the petitioners are pending before the respondent Nos. 1 and 2, it is not necessary to go into the merits of the case and it would suffice in the interest of justice to direct the respondent Nos. 1 and 2 to consider the said representations and complaints and take appropriate action in accordance with law. Accordingly, the Writ Petition is disposed of directing the respondents 1 and 2 to take up the representations dated 28-04-2009, 06-05-2009 and 15-05-2009 filed by the petitioners and consider the same and take appropriate action as per law as expeditiously as possible. No order as to costs. _________________ B.PRAKASH RAO, J. 21st May, 2009. Note : Issue C.C. in two days. B/O skmr