IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 12659 of 2009 Between: 1 K. Prasad S/o. K.V. Subba Rao R/o. Flat No. 301, H.No. 6-3-1090/A, Campus Capri Apartment, Rajbhavan Road, Hyderabad. 2 K. Prasuna W/o. K. Prasad R/o. Flat No. 302, H.No. 6-3-1090/A, Campus Capri Apartment, Rajbhavan Road, Hyderabad. .... PETITIONERS AND 1 The Greater Hyderabad Municipal Corporation Rep. by its Commissioner, Tank Bund, Hyderabad. 2 The Assistant City Planner, Circle No. 10, Greater Hyderabad Municipal Corporation, Khairatabad, Hyderabad. 3 Faisuddin Khan S/o M. Nizamuddin Khan R/o. 5-9-22/1/16/1, Adarshnagar, Basheerbagh 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 of Mandamus or any other appropriate writ and direct the respondents 1 and 2 to act in accordance with law and take steps for stopping the illegal, construction of the 3rd respondent in the 6th Floor of Campus Capri Apartments, bearing premises No. 6-3-1090/A Rajbhavan Road, Hyderabad and take up the necessary demolition work to pull down the constructions that were already made by the 3rd respondent in the 6th Floor of the said apartment and grant such other relief as it deems fit and proper in the circumstances of the case. Counsel for the Petitioner : MR.V.VENKATARAMANA Counsel for the Respondent Nos.1 & 2: SMT.KALPANA EKBOTE The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.12659 of 2009 ORDER: The petitioners herein claim to be the absolute owners and possessors of the entire built up area in the third floor consisting of Flat Nos.301 and 302 of premises bearing No.6-3-1090/A of Camus Capri Apartment, Rajbhavan Road, Hyderabad having purchased the same from the 3rd respondent herein under registered sale deeds. This writ petition is filed aggrieved by the inaction on the part of the respondents 1 and 2 in considering the representation dated 23.6.2009 made by the petitioners complaining about the alleged illegal structures being raised by the third respondent on the terrace of Camus Capri Apartment, 6-3-1090/A, Rajbhavan Road, 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 petitioners was received in the office of the first respondent on 23.6.2009. In the said circumstances, the respondents 1 and 2 are bound to consider the representation/complaint and make necessary enquiry into the alleged illegal 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 23.6.2009 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.29-06-2009 RAR THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 12659 of 2009 DATED : 29-06-2009