IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO : 15654 of 2009 Between: Smt.Shakera parveen W/o.Shyed Dastagir R/o.H.No.19-2-11/34/71, Bilal Nagar,Kalapattar Hyderabad ..... PETITIONER AND 1 The Greater Hyderabad Municipal Corporation, rep.byits Commissioner, Tank Bund ,Hyderabad 2 The Assistant City Planner, Serilingampally GHMC Hyderabad 3 Mr.M.Praveen Kumar alias Praveen Rao S/o.M.Krishna Rao R/o.12-5-12, Vijayapuri, Tarnaka, Secunderabad 4 M/s.Amogha Project, rep.by partner M.Praveen Kumar office at H.No.2-4- 91,Ankitha Aracade, M.G.Road Secunderabad, R/o.12-5-12,Vijayapuri,Tarnaka Secunderabad 5 M/s.Tirumala Developers, rep.by GPA M/s.Krishna Construction,partner R.Srinivas, Office at H.No.12-5-12, Vijayapuri , Tarnaka Secunderabad 6 M/s.Kinnera Construction, rep.by its partner R.Srinivas Office at H.No.12-5-12, Vijayapuri , Tarnaka Secunderabad .....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 an appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the permission granted by the respondent No.1 &2 vide permit No.11/84 file No.673/CSC/TP122/2008 dated 9.1.2009 in respect to premises bearing House No.1-58/31, Plot No.84 situated at Hafizpet Village, Sherilingampally Mandal, Ranga Reddy District as illegal arbitrary, unconstitutional apart from being contrary to the provisions of HMC Act 1955 and in breach of principles of natural justice and in-turn direct the respondents No.1&2 to take appropriate action against the respondent No.3 to 6 by demolishing such illegal, construction raised in the interest of justice and equity. Counsel for the Petitioner: MR.K.ANUP KUMAR Counsel for the Respondent No.: SMT.KALPANA EKBOTE The Court made the following : ORDER: This writ petition is filed by the petitioner claiming that she is the absolute owner, possessor and enjoyer of the property bearing house No.1-58/31 on Plot No.84, forming part of Survey No.99, admeasuring 267 square yards situated at Hafeezpet Village, Serilingampally Municipality having purchased the same through registered sale deed dated 3.5.1986. When the 3rd respondent herein along with his associates tried to interfere with her possession of the property in question, she also filed a suit on 26.3.2008 in O.S.No. 329 of 2008 on the file of the Additional Junior Civil Judge, Ranga Reddy and while the same is pending, the 4th respondent herein purchased the said property and misrepresenting the true and correct facts in regard to the litigation pending between them and the petitioner, obtained the construction permission over the land in question vide permit No.11/84 dated 9.1.2009. Even though she brought the said facts to the notice of the 1st respondent – Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad as also to the 2nd respondent-Assistant City Planner, Serilingampally, Hyderabad by way of representations dated 14.5.2009 and 19.5.2009, so far no action has been taken. Hence she filed this writ petition seeking appropriate directions to respondents 1 and 2 to take appropriate action against respondents 3 to 6 by demolishing the illegal constructions raised. This Court while issuing notice before admission on 3.8.2009, directed the learned standing counsel for the respondent Municipal Corporation to get instructions and today he submits that the respondent authorities have considered the material placed before them by the petitioner and after only satisfying themselves that prima facie title vests with the 4th respondent, granted the construction permission. However, the petitioner has placed before the court the sale deed dated 30.4.1986 in support of prima facie title in her favour. In the circumstances, the 1st respondent is directed to consider the representations of the petitioner dated 14.5.2009 and 19.5.2009 after issuing necessary notice to the unofficial respondents and take necessary action as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order after taking into consideration the material placed before them by the petitioner in support of her title over the property in question. With the above direction, the writ petition is disposed of. N.V.RAMANA,J Dt.10.8.2009 Note: Furnish CC in 3 days (B/o) msv