THE HON'BLE SMT JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE G BHAVANI PRASAD Writ Petition No. 20544 of 2008 ORDER: (Per the Hon’ble Smt Justice T.Meena Kumari) 1. The present writ petition is filed in the form of public interest litigation by the petitioner seeking a writ of mandamus declaring the inaction of the 1st respondent in not taking any steps to remove unauthorized construction/deviations made by the respondent No.3 in premises bearing No. 3-6-527, Street No.7, Himayatnagar, Hyderabad contrary to the provisions of Hyderabad Municipal Corporation Act and a consequential direction to the respondent No.1 to forthwith take action as per the provisions of Hyderabad Municipal Corporation Act. 2. The writ petitioner claiming that the schedule property is very close to his house and was gifted for construction of a mosque and therefore he is interested and entitled to file the present writ petition. 3. It is stated in the affidavit filed in support of the writ petition that one Jamsheed Khan was in possession of land of an extent of 2668 sq. yards covered by H.No.3-6-527 situate at Himayatnagar and he executed a wakf deed on 12-10-1339 Fasli in respect of the said property and the same was entered in the Register of Ecclesiastical Department and notified as endowed and the department took possession of the property. It is also stated that neither Jamsheed Khan nor Ibrahim Ali Khan challenged the said notification within one year from the date of its publication and the same has become final. While so, the 2nd respondent herein filed a suit in O.S. No. 342 of 1977 on the file of Additional Chief Judge, City Civil Court, Hyderabad for recovery of possession and for mandatory injunction for removal of the wall and for perpetual injunction, but the defendants contested the said suit. After full dressed trial, the court below decreed the said suit and aggrieved against the same, the defendants therein preferred appeal in CCCA No.24 of 1990 but the same was dismissed on 12.8.2002 by this Court and no further appeal was preferred by the defendants therein. It is also stated that while matter stood thus, Mir Ahmed Ali Khan and others represented by their GPA holder Vikaruddin Ali Khan filed suit in OS No. 37 of 1999 before A.P. Wakf Tribunal , Hyderabad against the Wakf Board and the said suit, after contest, was dismissed by the Tribunal on 28.11.2006 and said judgment become final since no appeal is preferred by 3rd respondent. The 2nd respondent filed E.P. No. 19 of 2007 for executing the decree in OS No. 287 of 1984 dated 17.8.1989 and the said E.P is still pending. At that stage, the 3rd respondent herein suppressing the facts, applied for sanction of plan for construction of stilt plus 5 floors and the first respondent sanctioned permission dated 21.5.2005 and thereafter the 3rd respondent approached the Civil Court by filing suit in OS No. 11 of 2006 and also filed an application for temporary injunction restraining 1st respondent from interfering with his construction activities and the Court below, passed orders of status quo in IA No. 9 of 2006. Taking advantage of status quo orders passed by the civil Court, the 3rd respondent proceeding with the construction in utter deviation of sanctioned plan. The petitioner and others filed a complaint petition on 4.3.2007 before the 1st respondent. Basing on the said complaint, the 1st respondent issued notice dated 8.3.2007 under Section 452 of HMC Act calling upon the 3rd respondent to explain as to why the action shall not be taken for removal of deviations made by him. Subsequently, 2nd respondent addressed a letter dated 7.4.2007 to the 1st respondent to revoke the permission granted to the 3rd respondent. On 10-05-2007, the 1st respondent issued show cause notice to the 3rd respondent. Questioning the said show cause notice, the 3rd respondent and others filed a suit in O.S.No.121 of 2007 in which status quo order was granted on 23.5.2007 vide I.A.No.249 of 2007. Subsequently, the said suit was transferred to the IV Junior Civil Judge, City Civil Court, Hyderabad, and the same was numbered as O.S.No.2297 of 2007. After coming to know the same, the petitioner along with another person filed an application for impleadment in the said suit, which was dismissed on 6.8.2007. Aggrieved by the same, he filed CRP No.4476 of 2007 which is pending before this Court. It is further averred that the Wakf Board is not taking steps to protect its property. Taking advantage of the same, the 3rd respondent, without any manner of right and authority, is claiming the same by encroaching upon it and making constructions, contrary to the sanctioned plan. The 1st respondent is obligated under the provisions of the HMC Act to take appropriate action. Thus, the action of the 1st respondent in not taking any steps for removing unauthorized construction made by the 3rd respondent is illegal and arbitrary. The averments made with regard to the title of the respondent to the disputed property is concerned, the unofficial respondents 3 to 10 herein brought to the notice of this Court that the judgment in CCCA No. 131 of 2008, wherein the title has been confirmed which was filed against the allowing of E.A. No. 51 of 2003, the same was the subject matter of CCCA No. 131 of 2008 and the single Judge confirmed the orders passed in claim petition by his order dated 29-1-2009. Even though an argument has been advanced that the said observation of the single judge is not in conformity with the earlier civil proceedings, we are not inclined to go into the validity of the judgment in CCCA No. 131 of 2008 as this court is not the proper forum to decide the legality of the said judgment and we do not find any force in the argument of the learned counsel for Mr Venkata Raman in this regard. Under the above circumstances, as the matter involves civil dispute, which is a subject matter requiring demonstration of facts and law, it is for the parties to avail the remedies available to them under law before appropriate forum. With these observations, this writ petition is, therefore, dismissed. Consequent to the dismissal of the writ petition, all the WPMPs are also dismissed. No costs. _____________________ T MEENA KUMARI J ______​_________________ G BHAVANI PRASAD J Date:6-3-2009 THE HON'BLE SMT JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE G BHAVANI PRASAD Writ Petition No. 20544 of 2008 6th March 2009