IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 10598 of 2009 Between: 1 Dommeti Satayanarayana S/o.V.Veeranna,Hindu Association)(Setti Balija Community) Plot No.563 Chintal,Qutbullapur,R.R District 2 K.Sai Baba S/o.Harichander Rao Y.F.C.A H.No.3-11-1/2 Dr Raja Colony,L.B Nagar,Hyderabad 3 G.Satyanarayana S/o. Adinarayana H.No.5-6-27 Behind Andhra Bank B.N Reddy Nagar,Vanasthalipuram-70 4 V.Mallika Devi W/o. V.Nageswara Rao 1-2-343/1/B Domalguda,Hyderabad 5 Ch.Nageswara Rao S/o Lakshmaiah Plot No.62,S.2 C-247 Sachivalayam Vanathalipuram Hyderabad 6 P.Devender S/o. P.Sriramulu Plot No.112 Kamalanagar,Vanathlipuram,Hyderabad 7 V.Bhaskara Rao S/o. Ankolu 36-138/A Papireddynagar IDL Colony,R.R District 8 Vasametty Satyanarayana S/o. V.Ramudu Ashoknagar Hyderabad 9 Govvala Nageswara Rao S/o.Veeram Setty C-3 HUDA Colony Chandanagar Hyderabad 10 Nagabhushan Rao S/o.M.Satyanarayana 22552 OFC Quarter Yeddumalilaram Medak District 11 V.V.V.S.N Murthy S/o. V.Sreeramulu Ailwyn Colony Hyderabad 12 V.Nageswara Rao S/o.V.N.Murthy 1-2-343/1/B Domalaguda, Hyderabad ..... PETITIONERS AND 1 The Commissioner/Special Officer G.H.M.C,Hyderagbad 2 The Deputy Commissioner G.H.M.C,Rajendranagar Circle R.R District 3 The Assistant Commissioner G.H.M.C Serilingampally Division, Hyderabad 4 K.Babu Rao S/o K.Narasimha Murthy Plot No.31,32 Khanamet(V) Sri Swamy Ayyapa Cooperative Housing Society Ltd, Madhapur,Hyderabad 5 K.Babi Kumari W/o.K.Babu Rao Plot No.31,32 Khanamet(V) Sri Swamy Ayyapa Cooperative Housing Society Ltd, Madhapur,Hyderabad 6 K.Sunik Kumar S/o.Babu Rao Plot No.,32 Khanamet(V) Sri Swamy Ayyapa Cooperative Housing Society Ltd, Madhapur,Hyderabad 7 K.Narasimha Murthy S/o Late K.Gangayya H.No.4-220 Gudimellanka,Malikipuram(M) E.G District 8 R.Subba Reddy Plot No.31,32 Khanamet(V) Sri Swamy Ayyapa Cooperative Housing Society Ltd, Madhapur,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 the action of the respondents 1 to 3 in not taking any steps to stop and demolish the illegal and unauthorized constuructions raising in Plot No.31 and 32 in Sy No.11/8,11/9,11/10, and 11 part issued at Khanampet (V) Rajendranagar(M) R.R District by the respondents 4 to 8 as illegal abitrary violation of Articles 14 and 21 of the constitution of India and also in violation of the Rules enshrined in G.H.M.C and consequently direct the respondents 1 to 3 to take appropriate steps in stopping and Demolishing the illegal and unathorized constructions raised in Plot No.31 and 32 in Sy No.11/8,11/9,11/10, and 11 part issued at Khanampet (V) Rajendranagar(M) R.R District and pass such other order or orders as deem fit and proper in the circumstances of the case. Counsel for the Petitioner : MR.T.TEJESWARA RAO Counsel for the Respondent Nos.1 to 3 : R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) Counsel for the respondents 4 to 7 : O.Manohar Reddy Counsel for the respondent No.8 : None The Court made the following THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 10598 of 2009 ORDER: The petitioners herein claim to be the members of a registered association called Youth Fraternal & Cultural Association (YFCA) (Setti Balija community). It is stated that the Association had purchased two plots bearing No.31 and 32 located at Khanamet village, Rajendranagar Taluq, Ranga Reddy District to an extent of 834 square yards forming part of Sy.Nos. 11/8, 11/9, 11/10, 11/11 and 11 under registerd sale deeds in the year 1982. It is alleged that the respondent No.4 herein who is also a member of the Association along with his wife, in collusion with the then Secretary of the Association, had created some false and fabricated documents. It is also alleged that the on the basis of the said documents, the 4th respondent had transferred the rights in favour of the 6th and 7th respondents and with the help of respondent No.8, who is a builder, respondents 4 to 7 are attempting to raise illegal and unauthorised constructions over the plots belonging to the Association. Having noticed the same, the Association made a representation before the first respondent complaining about the alleged unauthorised and illegal constructions being made by the respondents 4 to 8. However, the first respondent failed to respond. Aggrieved by the same, the present writ petition is filed. I have heard the learned counsel for the petitioners as well as Sri R.Radhakrishna Reddy, learned Standing Counsel appearing for the respondents 1 to 3. Sri O.Manohar Reddy, who entered apperance for the respondents 4 to 7 vehimently contended that all the allegations made by the petitioners are absolutely false and without any basis. At any rate, since admittedly, the representation made by the petitioners complaining about the alleged illegal constructions being made by the respondents 4 to 8 is pending, it is for the first respondent to consider the same and make necessary enquiry into the allegations after hearing both the parties. At this stage, it is not necessary for this Court to express any opinion on merits. Accordingly, without going into the merits of the matter, the writ petition is disposed of with a direction to the first respondent to consider the representation/complaint made by the Youth Fraternal & Cultural Association (YFCA) dated 21.2.2009 and pass appropriate orders in accordance with law after giving an opportunity to the respondents 4 to 8 to rebut the allegations made by the petitioners. Such an exercise shall be completed as expeditiously as possible, preferably, within a period of four weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. _____________ G.ROHINI, J 14th July 2009 RAR THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 10598 of 2009 DATED : 14-07-2009