IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 12035 of 2009 Between: Syed Fareed Ahed S/o. Syed Rasheed Ahmed R/o. 6-1-257, Old CIB Quarters, Khairatabad, Hyderabad. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation Rep. by its Chief Commissioner Tank Bund, Hyderabad. 2 Assistant City Planner Circle - X Khairatabad, Hyderabad. 3 Mohd. Salauddin S/o. not known to the petitioner R/o. H.No. 6-1-255/35C, Old CIB Quarters, Khairatabad, Hyderabad. 4 Yousuf Bee W/o. Md. Salauddin R/o. H.No. 6-1-255/35C, Old CIB Quarters, Khairatabad, Hyderabad. 5 Mohd. Moinuddin S/o. Mohd. Salauddin R/o. H.No. 6-1-255/35C, Old CIB Quarters, Khairatabad, 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, order or direction particularly one in the nature of Writ of Mandamus declaring action of the respondents 1 and 2 in not taking any action against the respondents 3 to 5 with regard to illegal construction in premises No. 6-1-25/35/C, Old CIB Quarters, Khairatabad, Hyderabad and also with regard to encroachment of road, in spite of complaints dated 25-3-2009, 7-4-2009, 15-5-2009 and 16-5-2009, as illegal and arbitrary and seeking direction to the respondents 1 and 2 to initiate necessary action against the respondents 3 to 5. Counsel for the Petitioner:MR.SREENIVASA RAO VELIVELA Counsel for the Respondent No.: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.12035 of 2009 ORDER: This writ petition is filed seeking a declaration that the in action on the part of the respondents 1 and 2 in considering the representations made by the petitioner dated 19.3.2009 and 14.5.2009 complaining about the alleged illegal and unauthorized constructions being by the respondents 3 to 5 in premises No. 6-1-255/35/C, Old CIB Quarters, Khairatabad, Hyderabad, as illegal and arbitrary. It is also alleged in the said complaints that the respondents 3 to 5 had encroached upon the public road. The material on record shows that the representations made by the petitioner were received in the office of the respondents 1 and 2 on 25.3.2009 and 15.5.2009. In the circumstances, the respondents 1 and 2 are bound to consider and make necessary enquiry into the allegations made by the petitioner. Accordingly, without expressing any opinion as to the correctness of the allegations made by the petitioner, the writ petition is disposed of with a direction to the respondents 1 and 2 to consider the representations of the petitioner dated 19.3.2009 and 14.5.2009 and pass appropriate orders in accordance with law, after giving opportunity to the respondents 3 to 5 to rebut the allegations made by the petitioner. Such exercise shall be completed as expeditiously as possible preferably within a period of six weeks from the date of receipt of this order. No costs. _______________ Justice G. Rohini Dt.19.06.2009 mrb