IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 12216 of 2009 Between: Syed Adeeb, S/o. Syed Hafeez, R/o. H.No. 9-1-1/B/59, Defence Colony, Langer House, Hyderabad. .... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, Rep. by its Commissionr and Special Officer, Tank Bund Road, Hyderabad. 2 The Deputy Commissioner, Greater Hyderabad Municipal Corporation, Circle -VII, Langer House, Hyderabad. 3 A. Venkatesh, S/o A. Chandraiah, R/o. H.No. 8-1-68/2, Shaikpet, 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 and 2 in not demolishing the illegal construction of the multistoried building which is constructed by the 3rd respondent without having any valid building permission from Greater Hyderabad Municipal Corporation on the property bearing Municipal No. 9-1-1/B/61 on Plot No. 61 in Sy.No. 71 in first venture of Defence Civilian Employees Co- op Housing Society admeasuring 220 sq. yards situated at Defence Colony, Langer House, Hyderabad as illegal, arbitrary and violative of principles of natural justice and against the bye-laws of Municipal Corporation of Hyderabad Act, 1955 and consequently direct the respondents 1 and 2 to immediately take appropriate action on the application of the petitioner dated 12-2-2009 and to pass such other order or orders as this Hon’ble Court may deems fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.MOHD.MOIN AHMED QUADRI Counsel for the Respondents: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following: ORDER: This writ petition is filed seeking a declaration that the inaction on the part of the respondents 1 and 2 in considering the representation made by the petitioner dated 12.02.2009 complaining about the illegal constructions made by the third respondent herein at premises bearing No.9-1-1/B/61 in Plot No.61 in Survey No.71 of first venture of Defence Civilian Employee’s Cooperative Housing Society, Langer House, Hyderabad, is arbitrary and illegal. 2. I have heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents 1 and 2. 3. The material placed on record shows that the representation/complaint made by the petitioner was received in the office of the second respondent on 12.2.2009. In the circumstances, the respondents 1 and 2 are bound to make necessary enquiry into the allegations made by the petitioner. 4. Accordingly, without expressing any opinion as to the correctness of the allegations made by the petitioner, the writ petition is disposed of at the stage of admission with a direction to the respondents 1 and 2 to consider the representation/complaint dated 12.02.2009 made by the petitioner 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 six weeks from the date of receipt of a copy of this order. 5. The writ petition is disposed of accordingly. No costs. _____________ G.ROHINI, J Dt.23-06-2009 Note:- Issue C.C in 2 days (B/o) RAR THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 12216 of 2009 DATED : 23-06-2009