IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.816 of 2005 Between: P. Jaya Krishna, S/o late P. Rajaiah, Employee in Railways, 7-89/1, Temple Alwal, Secunderabad. ..... PETITIONER AND The Commissioner, Alwal Municipality, Rangareddy District. .....RESPONDENT 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 an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in not furnishing the particulars of the newly constructed house constructed by Sri P. Lingam the elder brother of the petitioner over the ancestral joint property of the petitioner and others, as being arbitrary, illegal, discriminatory, against principles of natural justice and unconstitutional and consequently direct the respondent to furnish the particulars of the newly constructed house by Sri P. Lingam in and over the ancestral joint property of the petitioner and others situated at Temple Alwal, Secunderabad. Counsel for the Petitioner: MR.D.L.PANDU Counsel for the Respondent: MR.P.RADHAKRISHNA The Court, at the admission stage, made the following : ORDER: The grievance of the petitioner in this writ petition is that when his elder brother, namely, P. Lingam, without the knowledge and consent of either himself or his other brother, has constructed a house in and over their joint property situated at Temple Alwal, Secunderabad, he made a representation dated 08.01.2005 to the respondent-Commissioner seeking to furnish the particulars of the newly constructed house of his elder brother Sri P. Lingam in and over their joint property, but the same is not being considered so far. Hence, he filed the present writ petition. Heard the learned counsel for petitioner and the learned counsel for respondent. The petitioner is stated to have submitted representation to the respondent- Commissioner, seeking to furnish the particulars of the newly constructed house of his elder brother, namely, P. Lingam in and over their joint property, only on 08.01.2005, and with a presumption that the respondent-Commissioner would not consider the same the petitioner filed the present writ petition. Therefore, I am of the view that it is premature to decide that the respondent-Municipality is not going to consider the representation of the petitioner. There is no merit in the writ petition and the same is accordingly dismissed at the admission stage. No costs. _______________ N.V. RAMANA, J. Date: 28.01.2005 Nsr/Mrr To 1. The Commissioner, Alwal Municipality, Rangareddy District. 2. 2 CD copies Form-NIC-OGS/WP{ }