IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.4085 of 2008 Between: Yousufunnisa W/o. Mazher Ahmed @ Kursheed R/o. H.No.20-5-290, Qazipura, Hyderabad. ..... PETITIONER AND 1 The Greater Hyderabad Municipal Corporation rep. by its Commissioner, having office at Tank bund Road, Hyderabad. 2 Assistant City Planner, Circle-II having office at Sardar Mahal, Charminar Road, Hyderabad. 3 Shahzadi Begum W/o. Late Sheikh Mohammed R/o. H.No.20-5-289, Qazipura, Shah Ali Banda, 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 an appropriate writ, order or direction more particularly one in the nature of Writ of mandamus declaring that the inaction of the respondents No.1 and 2 in not granting permission to the petitioner to raise constructions in respect of a portion of her house bearing M.C.No.205-290, situated at Qazipura, Shahalibanda, Hyderabad on an area of 55 Sq. yards only, is arbitrary, illegal and in violation of the M.C.H. Act and Bye Laws and G.O.Ms.No.423, Municipal administration and Urban Development (MI) (MA), 31st July 1998 and G.O.Ms.No.33, MA dated 03.02.2001 and consequently this Hon'ble Court may be pleased to direct the respondents No.1 and 2, their men, agents, employees and subordinate not to prevent the petitioner from raising construction in respect of a portion of her house bearing M.C.No.205-290, situated at Qazipura, Shahalibanda, Hyderabad on an area of 55 Sq. yards only, being carried out in accordance with the plan submitted by her in the office of respondents 1 and 2, in any manner whatsoever, and to pass such other order or orders Counsel for the Petitioner: MR.MOHD.MOIN AHMED QUADRI Counsel for the Respondent No.: (SC FOR MCH CIRCLES 3&5)KALPANA EKBOTE The Court made the following: Form-NIC-OGS/WP{MSN} THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.4085 of 2008 ORDER: This writ petition is filed for a Writ of Mandamus to declare the inaction of respondent Nos.1 and 2 in granting permission to the petitioner to raise construction in respect of house baring Door No.M.C.20-5-290, situated at Qazipura, Shahilibanda, Hyderabad, on an area of 55 sq.yards, as arbitrary and illegal. Heard Sri Mohd.Moin Ahmed Quadri, learned counsel for the petitioner and Smt.Kalpana Ekbote, learned Standing Counsel for the Greater Hyderabad Municipal Corporation. At the hearing, the only request made by the learned counsel for the petitioner is that respondent Nos.1 and 2 may be directed to consider the application of the petitioner, said to have been filed on 18.10.2007, for construction of building over the above mentioned premises. Since the request made on behalf of the petitioner is wholly innocuous, the Writ Petition is disposed of. Respondent Nos.1 and 2 are directed to consider and dispose of the application, if any, filed by the petitioner for raising construction in premises bearing Door No.M.C.20-5-290, situated at Qazipura, Shahilibanda, Hyderabad, on an area of 55 sq.yards, within a period of four weeks, from the date of receipt of a copy of this order. Till disposal of the petitioner’s application, status quo, obtaining as on today, shall be maintained with regard to the existing structure. ____________________________ C.V.NAGARJUNA REDDY,J Dated: 28.02.2008 Dsr