IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 13861 of 2009 Between: Shaik Mannan Syed S/o. Shaik Sultan Syed R/o.H.No.10-6-230, Ahmed Nagar, 1st lancer, Hyderabad. .... PETITIONER AND 1 The Greater Hyderabad Municipal Corporation, represented by its Commissioner, Hyderabad. 2 The Office of the Town Planning Section, Circle No.7, Central Zone, Greater Hyderabad Municipal Corporation, Hyderabad. 3 Sultan Ahmed Khan S/o.Osman Khan R/o.10-6-234, Ahmed Nagar, 1st Lancer, 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 inaction of the respondent No.1 and 2 in restraining the respondents No.3 from proceeding with the unauthorized construction being carried in Municipal No.10-6-234, Ahmed Nagar, 1st Lancer, Hyderabad, is illegal, arbitrary, contrary to the Hyderabad Municipal Corporation Act, 1955, and violative of principles of natural justice and consequently direct the respondent No.1 and 2 to direct the respondent No.3 to construct the building without encroaching the Government passages and further to leave set backs 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.P.SUBASH Counsel for the Respondent Nos.1 & 2: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.13861 of 2009 ORDER: The petitioner herein claims to be the absolute owner and possessor of land admeasuring 62 Square Yards within the premises bearing House No.10-6-230 (part) situated at Ahmed Nagar, First Lancer, Hyderabad. This writ petition is filed seeking a declaration that the inaction on the part of the respondents 1 and 2 in considering the representation dated 12.6.2009 made by the petitioner complaining about the alleged illegal and unauthorised constructions being made by the third respondent at House No. 10-6-234, Ahmednagar, 1st Lancer, Hyderabad, as arbitrary and illegal. I have heard the learned counsel for the petitioner as well as the learned Standing Counsel appearing for the respondent-Corporation. As could be seen from the material on record, the representation/complaint made by the petitioner was received in the office of the respondents 1 and 2. In the said circumstances, the respondents 1 and 2 are bound to consider the representation/complaint and make necessary enquiry into the alleged illegal and unauthorised constructions being made by the third respondent and appropriate action is expected to be taken in accordance with law. Accordingly, without expressing any opinion as to the correctness of the allegations made, the writ petition is disposed of at the admission stage with a direction to the respondents 1 and 2 to consider the representation/complaint of the petitioner dated 12.06.2009 and pass appropriate orders in accordance with law, after giving an opportunity to the third respondent to rebut the allegations. Such an exercise shall be completed as expeditiously as possible, preferably, within a period of four weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. _____________ G.ROHINI, J Dt.13th July 2009 RAR THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 13861 of 2009 DATED : 13-07-2009