IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 476 of 2009 Between: Mohd. Ameer Ali, S/o. Mohd. Abbas Ali, R/o. 22-1-689, Noor Khan Bazar, Hyderabad. ..... PETITIONER AND 1 The Commissioner of Police, Cyberabad, Hyderabad. 2 The Station HOuse Officer, Malakpet P.S. 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 will be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not allowing to remove the centering material from the Premises bearing No. 16-11-23/87, Madina Masjid, Moosaram Bagh, Hyderabad, belongs to the petitioner, as arbitrary, illegal and without jurisdiction. Counsel for the Petitioner: MR.RAMA RAO GHANTA Counsel for the Respondents: GP FOR HOME The Court made the following : ORDER: This writ petition is filed by the petitioner aggrieved by the action of the respondents in not allowing him to remove the centering material from the premises bearing No.16-11-23/87, Madina Masjid, Moosarambagh, Hyderabad. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Home and at their request the writ petition is taken up for final disposal at the admission stage itself. The case of the petitioner is that he is a centering contractor and he took a contract for centering second floor slab of premises No. 16-11- 23/87, Madina Masjid, Moosarambagh, Hyderabad and erected the centering material. While the matters stood thus, a writ petition being W.P.No.16824 of 2008 is filed before this Court in public interest by one A.Yadagiri and A.Sadanand challenging the action of the respondents in not taking steps to stop the construction of mosque. A Division Bench of this Court vide orders dated 26.8.2008 directed the 4th respondent therein i.e. the Greater Hyderabad Municipal Corporation represented by its Commissioner to see that no construction should be put up on the land in question unless there is a sanctioned plan for the said construction. The grievance of the petitioner is that in view of the said orders of the Division Bench of this Court, the respondents are neither allowing him to lay the slab nor allowing him to remove the already erected centering material. Hence this writ petition. On 20.1.2009, when the matter was taken up, learned Assistant Government Pleader for Home sought for time to obtain instructions. Today, it is reported that the respondents are not interfering with the activities of the petitioner and that he has no instructions about taking away the centering material by the petitioner from the site. A perusal of the order dated 26.8.2008 passed by the Division Bench of this Court makes it clear that only the Commissioner of Greater Municipal Corporation of Hyderabad is directed to see that no construction should be put up on the land in question unless there is a sanctioned plan. In view of the said order, the petitioner cannot continue with laying of the slab on the second floor illegally. In the guise of the orders of this Court, it is not proper for the respondents to insist the petitioner to keep the centering material as this court has only directed the Commissioner to see that no illegal construction is being made. In the circumstances, respondents 1 and 2 are directed to permit the petitioner to take away the centering material, which he has put on the second floor, since the construction work has been stopped in view of the orders of this Court. With the above direction, the writ petition is disposed of. N.V.RAMANA,J Dt.27.1.2009 Note: Furnish CC in two days B/o msv