IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 7070 of 2009 Between: 1 Syed Nazeeruddin S/o.Syed Nayeemuddin R/o.H.No.1-4-819/1, Bholakpur, Musheerabad, Hyderabad 2 Razzak Bagi S/o.Ahmed Baig R/o.H.No.1-4-817/12 Bholakpur, Musheerabad, Hyderabad 3 Md.Jeevan Khan S/o.Mahaboob Khan R/o.H.No.1-4-822/2 Bholakpur, Musheerabad, Hyderabad 4 Md.Akram S/o.Md.Azeemuddin R/o.H.No.1-4-822 Bholakpur, Musheerabad, Hyderabad 5 Mohd.Tajuddin S/o.A.Kareem R/o.H.No.1-4-814 Bholakpur, Musheerabad, Hyderabad ..... PETITIONER(S) AND 1 Greater Hyderabad Municipal Corporation, rep.by its Commissioner, Tank Bund Road,Hyderabad 2 The Assistant City Palnner,Circle-9, Greater Hyderabad Municipal Corporation, Abids,Hyderabad 3 Abdul Rasheed S/o.Not knwon R/o.H.No.1-4-831 & 1-4-831/1,Bholakpur Musheerabad,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 a writ order or direction more particularly one in the nature of writ of mandamus declaring the actions of official Respondent No.1 and 2 in not taking any action on the petitioner representation dated 6.3.2009 as illegal, highly arbitrary, and in violation of Constitution of India and Hyderabad Municipal Corporation Act, 1965 and consequently direct the 1st and 2nd respondents herein to stop the construction work made by 3rd respondent in house bearing Municipal No.1-4-831 and 1-4-831/1 situated at Bholakpur, Musheerabad, Hyderabad by taking suitable legal action against 3rd respondent and pass Counsel for the Petitioner: MR.MIRZASAFIULLA BAIG Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : O R D E R:- The petitioners assert that they are residents of Bholakpur, Musheerabad, Hyderabad, and that the 3rd respondent, who is also a resident of the same locality, started making constructions without obtaining any building permission from respondent Nos.1 and 2 in the premises bearing Municipal No.1-4-831 & 1-4-831/1 by encroaching the road, thereby narrowing the passage/road, resulting in causing inconvenience to passersby and the free movement of vehicles. The petitioners state that they made representation dated 6.3.2009 requesting the official respondents to take steps to stop the illegal constructions and the encroachment being made by the 3rd respondent, but their grievance is that the respondents have neither initiated any action against the 3rd respondent nor passed any orders on their representation. The learned Standing Counsel for Greater Hyderabad Municipal Corporation appearing on behalf of respondent Nos.1 and 2, on instructions, submitted that upon receipt of a complaint from the petitioners, they issued notice to the 3rd respondent calling upon him to show cause against the illegal constructions being made by him, and upon considering the objections, if any, that may be filed by him, they will take necessary steps and pass appropriate orders on the representation of the petitioners. Since respondent Nos. 1 and 2, in pursuance of the representation of the petitioners have already issued notice to the 3rd respondent calling upon him to submit his explanation as to the alleged illegal constructions/encroachment, being made by him, and having regard to the statement made by the learned Standing Counsel for respondent Nos. 1 and 2 that they would pass orders on the representation of the petitioner after considering the explanation, if any, that may be submitted by the 3rd respondent, no further orders need be passed in the writ petition, and the same is accordingly closed. No costs. ______________ N.V.RAMANA, J 28th April, 2009 bcj