IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 17202 of 2008 Between: Mohammed Mohamood Khan S/o. Mohammed Ayub khan r/o. H.No. 19-2-27/A/12, Pool Bagh, Jahanuma, Hyderabad. ..... PETITIONER AND The Deputy Commissioner, Greater Hyderabad Municipal Corporation Circle No.15, Qutbullapur, Hyderabad. .....RESPONDENT 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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in not laying slab over open Nala in between the plots No.81, 82, 84, 85 and 86 part in Sy.No. 322, situated at Qutbullapur Village and Mandal total admeasuring 1200sq. yards of the petitioner as illegal, arbitrary nad violation of principles of natural justice and in violation of provisions of Municipal Corporation of Hyderabad Act and consequently direct teh respondent to permit the petitioner to lay the slab over the open Nala strictly as per the Corporation Rules with his own funds under the supervision of the Oﬃcials of the respondent, immediately, and to pass Counsel for the Petitioner:MR.MOHD.MOIN AHMED QUADRI Counsel for the Respondent No.: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 17202 OF 2008 ORDER: 1. This writ petition has been ﬁled by Mohd. Mahmood Khan assailing the inaction of the respondent on the representations dated 23-1-2008 and 10-7-2008 with regard to the closure of the Nala which passes through plot Nos. 81,82,84,85 and 86 (Part) in Survey No. 322 situated at Qutbullapur village and Mandal. 2. The petitioner claims to be the owner of the plots bearing NO. 81,82,84,85 and 86 (part) in Survey No. 322 situated at Qutbullapur village and Mandal. The total extent of plots owned by him is 1200 square yards. He purchased the plots from Smt. K. Kalavathi under registered sale deed in the year 2005. After purchased he developed the plots in accordance with the lay out sanctioned by the then Qutbullapur Municipality. When the Qutbullapur Municipality refused to grant permission on the ground of not obtaining NOC from the District Collector, the petitioner ﬁled Writ Petition NO. 7622 of 2007 and obtained direction to consider his representation without insisting for NOC from the District Collector. He made representation on 10-7-2008 requesting the respondent to take necessary steps for laying over slab on the nala or permit him to lay slab on the nala with his own fund. His representation is remained unattended. Hence, he invoke jurisdiction under Article 226 of the Constitution of India. 3. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the respondent. 4. The fact that the petitioner ﬁling the representations before the respondent is not in dispute. 5. In that view of the matter, the writ petition is disposed of directing the respondents to consider the representations submitted by the petitioner with regard to laying slab over the nala which passes through plot Nos. 81,82,84,85 and 86 (part) in Survey No. 322 situated at Qutbullapur village and Mandal within four weeks from the date of receipt of copy of this order. No order as to costs. _____________________________- Justice B.Seshasayana Reddy 7th August, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 17202 OF 2008 7th August, 2008.