IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 14330 of 2008 Between: Mukesh Kumar Agarwal S/o.Late Gopal Das Agarwal At Shop No.85/B, E&F on plot No.85 Mahaboob Mansion Hyderabad R/o.H.No.5-7- 231/A,Agapura, Hyderabad ..... PETITIONER AND 1 The Greater Hyderabad Municipal Corporation, rep.by its Commisisoner-Special Officer,Office at Tank Bund Hyderabad 2 The Greater Hyderabad Municipal Corporation, rep.by its Asst.City Planner TP Section, Circle No.1, office at Sardar Mahal, Charminar, Hyderabad 3 Rohit Agarwal S/o.Late Sri Rudamal R/o.H.No.5-5-576/15, Darussalam Road Hyderabad 4 Mukesh Kumar Kedia S/o.Not known to the petitioner R/o.H.No.16-11-20/4/6/1,Sripuram colony Malakpet, 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 to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the respondents No.1 and 2 in not taking appropriate action to demolish the illegal and unauthorized construction of 1st floor being made by the respondents No.3 and 4 over shop No.85/B, E&F on Plot No.85 Mahaboob Mansion, Hyderabad as per the provisions of HMC Act 1955 as illegal, arbitrary, and pass Counsel for the Petitioner: MR.ABDUL NAJEEB KHAN Counsel for the Respondent No.: R.RADHA KRISHNA REDDY (SC FOR GHMC,SNCZONE) The Court made the following : O R D E R: This Writ Petition has been filed by Mukesh Kumar Agarwal assailing the inaction of 1st and 2nd respondents on the representations submitted by him with regard to the unauthorized constructions being made by Rohit Agarwal and Mukesh Kumar Kedia (R3 and R4) over Shop No.85/B, E & F on Plot No.85, Mahaboob Mansion, Hyderabad. The petitioner submitted representation to 1st and 2nd respondents with regard to the illegal and unauthorized construction of 3rd and 4th respondents over Shop No.85/B, E & F on Plot No.85, Mahaboob Mansion, Hyderabad. 3rd respondent is allottee of Shop No.85/B, E and F on Plot No.85, Mahaboob Mansion, Hyderabad. The said allotment is for a period of 99 years with the option to sublet the shop. The petitioner obtained the said shop on lease from 3rd respondent. During the continuance of the lease, Late Gopal Das Agarwal, father of the petitioner, entered into a transaction whereby 3rd respondent agreed to convey the property by executing the lease deed for a period of three years. 3rd respondent failed to perform his part of transaction and tried to enter into transaction with third parties and as such his father was constrained to file O.S.No.1426 of 2008 on the file of XIX Junior Civil Judge, CCC, Hyderabad for specific performance. While so, 3rd and 4th respondents started construction of first floor over Shop No.85/B, E and F on Plot No.85, Mahaboob Mansion, Hyderabad. Despite making representations to 1st and 2nd respondents with regard to illegal and unauthorized constructions made by 3rd and 4th respondents, 1st and 2nd respondents failed to take any action. Hence, this writ petition. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the 1st and 2nd respondents and learned counsel appearing for 3rd and 4th respondents. Learned counsel appearing for 3rd and 4th respondents submits that respondents 3 and 4 stopped further construction as soon as 1st respondent served notice on them. In view of the submission of learned counsel appearing for 3rd and 4th respondents, this writ petition is disposed of directing 1st and 2nd respondents to consider the representation of the petitioner and pass appropriate orders after putting on notice the effected parties. No costs. 11th August, 2008. (B.Seshasayana Reddy,J) tnb ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.14330 OF 2008 11TH AUGUST 2008