IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 26208 of 2006 Between: 1 S. Saiprasad S/o Late seetharamaiah r/o 10-5-23/1, Ahamadnagar Road, Masab Tank, Hyderabad. 2 Syed Ahmed Hussain Jaffary S/o Late Syed Altaf Hussain Jaffary r/o 10-5-23/12, Masab Tank, Hyderabad. 3 Mir Amzad Ali S/o Late Mir Unavar Ali r/o 10-5-23/3, Masab Tank, Hyderabad. 4 Mir Sadath Ali S/o late Mir Munavar Ali r/o 10-5-23/2/A, Masab Tank, Hyderabad. 5 Mrs. AsmatunnisaKhadri W/o Syed Daawar Hussain Khadri R/o H. No. 10-5-23/4, MasabTank, Hyderabad. 6 Mir Muzahid Ali S/o Late Mir Munavar ali r/o 10-5-23/3/2 Masab Tank, Hyderabad. 7 Syed Ethasham Hussain Jaffery r/o H. No. 10-5-23/11, Masab tank, Hyderabad. 8 Syed Sazzad S/oLate Abdul Hameed r/o H. No. 10-5-23/13, Masab tank, Hyderabad. 9 Smt. Mansur Fathima W/o Salahuddin Ayyub r/o H. No. 10-5-23/9, Masab tank, Hyderabad. ..... PETITIONER(S) AND 1 The Municipal Corportion of Hyderabad, repby its Commissioner, Tank Bund, Hyderabad. 2 Thedy. Commissioner MCH, CircleIV, Khairatabad, Hyderabad 3 The Commissioner of Police, Hyderbad city Hyderbad 4 Mr. Md. Jahanghir S/oNot Known to thepetitioners C/o Garden Cafe, Main Road, (Ahamadnagar Road) masabtank, Hyderabad. .....RESPONDENT(S) 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 Writ or direction preferably WritofMandamus declarignthe inaction of the respondent nOs.1 and 2 (MCH) in taking immediate action to stop the unauthorsed constructions that are beingtaken up bythe 4th respondent in the Government land, blocking the road at Ahamadnagar road, Masab tank area, Hyderabad despite latest representation dt 6-12-2006 and telegraphic representation dt 13-12-2006 is illegal, arbitrary, and violative of principles of natural justice and consequently directthe respondent nos. 1 to 3 totake immediate action to remove the said un-authorised constructions made by 4th respondent, and pass such other or further orders as this Hon'ble Court deems fit and proper inthecircumstances of the case. Counsel for the Petitioner:MR.KOWTURU VINAYA KUMAR Counsel for the Respondent No.: MR.RAMA RAO GHANTA The Court made the following : ORAL ORDER: Writ Petition is filed alleging unauthorized construction by the 4th respondent in Government land, blocking the road at Ahmednagar, Masab Tank, Hyderabad, and inaction by the respondents 1 to 3, despite the petitioners’ several representations, including the one dated 6.12.2006 and a telegraphic representation dated 13.12.2006. On behalf of the respondents 1 and 2, a counter affidavit is filed, stating that the 4th respondent did unauthorisedly start centring work for the 1st floor, encroaching on a public road/Government land and that the respondents immediately stopped the construction and removed the centring work. At present, no construction activity is in progress at the site. The answering respondents have also addressed the Station House Officer, Humayun Nagar Police Station, to protect the property by deputing police personnel and the Revenue authorities for details of the ownership of the land in question. In view of the above action, the petitioners complaint is misconceived, is the concluding averment in the counter. As the respondents have taken action, no further orders are required. Writ Petition is dismissed. There shall be no order as to costs. GODA RAGHURAM, J Date: 26.2.2008 cvm