IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND NINE :PRESENT: THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 22329 of 2008 Between: Inderpal Singh, s/o. Shankar Singh, R/o. H.No. 11-1-147, 166 'C' Class, Aghapura, Hyderabad. ..... Petitioner AND 1 The Commissioner, Greater Hyderabad Municipal Corporation, Domalguda, Hyderabad. 2 The Assistant City Planner, Circle No. 7, (Ex.Circle No. IV), Greater Hyderabad Municipal Corporation, Khairatabad, Hyderabad. 3 Syed Gaffer, S/o. Syed Osman, R/o. H.No. 11-1-146 (167'C' Class), Aghapura, Hyderabad. .....Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly a writ in the nature of mandamus declaring the action of the respondents 1 and 2 in not taking any action on petitioner’s representation, dated 12-9-2008 to stop the illegal constructions made by the 3rd respondent over Housing No. 11-1-146 (167 C Class), situated at Aghapura, Hyderabad, without obtaining any construction permission from the Respondents 1 and 2 and violating the building rules and regulations, blocking the Road side and encroaching petitioner’s land admeasuring 7 square yards on the north-eastern side of the petitioner house as illegal, arbitrary and against the principles of natural justice and violative of Articles 14, 21 and 300-A of the Constitution o India, and consequently direct the respondents 1 and 2 to stop the illegal construction of the 3rd respondent and pass such other suitable order or orders; The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and upon hearing the arguments of SRI S. ASHOK ANAND KUMAR, Advocate for the Petitioner and of Smt. Kalpana Ekbote S.C. for GHMC for the respondents 1 and 2, and of Sri Mohd. Ghulam Hussain Advocate for the respondent No. 3, the Court made the following: ORDER: The third respondent herein filed writ petition No. 17522 of 2008 against respondent Nos. 1 and 2 and the petitioner herein alleging that the petitioner herein has encroached into his site and made constructions illegally. This Court, vide interim Order, dated 12th August 2008, directed the first respondent to depute a responsible Officer to note down the existing structures in the site owned by the third respondent herein. In this writ petition, it is alleged by the petitioner that the third respondent herein has encroached into his land and is making illegal constructions. 2… -2- In that view of the matter, the second respondent herein is directed to inspect the constructions made by the third respondent herein either by himself or by deputing any other Officer and report before this Court, as to whether such constructions are authorized or not, on or before 25-01-2010. Post on 25-01-2010. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1 The Commissioner, Greater Hyderabad Municipal Corporation, Domalguda, Hyderabad. 2 The Assistant City Planner, Circle No. 7, (Ex.Circle No. IV), Greater Hyderabad Municipal Corporation, Khairatabad, Hyderabad. 3 Syed Gaffer, S/o. Syed Osman, R/o. H.No. 11-1-146 (167'C' Class), Aghapura, Hyderabad. 4. One C.C to Sri S. Ashok Anand Kumar Advocate. (OPUC) 5. One C.C.to Smt. Kalpana Ekbote Advocate. (OPUC) 6. one spare copy. HIGH COURT RSR.J DATED 30-12-2009 POST ON 25-01-2010 ORDER W.P.NO. 22329 OF 2008 DIRECTION Bsr Dt. 8-1-2010 HIGH COURT RSR.J DATED 30-12-2009 POST ON 25-01-2010 ORDER W.P.NO. 22329 OF 2008 DIRECTION