THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.4431 OF 2010 Dated:25.02.2010 Between: Mohd Chand @ Chand Bhai and another .. Petitioners And The Commissioner & Special Officer, Greater Hyderabad Municipal Corporation, Tank Bund, Hyderabad and others .. Respondents THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.4431 OF 2010 ORDER: In this Writ Petition, the petitioners are seeking declaration, by way of Mandamus, that the action of the 2nd respondent - the Assistant City Planner, Circle No.2, Sardar Mahal, Hyderabad, in not taking steps for demolition of the illegal construction made by the 3rd respondent in property bearing No.19-4-280/1/30/6 in Survey No.23 admeasuring 800 square yards situated at Mirsagar, Tadban, Bahadurpura Mandal, Hyderabad, in spite of their representation, dated 20.11.2009, as illegal and arbitrary. Heard learned counsel for the petitioners and learned Standing Counsel for 1st respondent - the Greater Hyderabad Municipal Corporation, Hyderabad. The grievance of the petitioners is that though they are the absolute owners of the above said plot, the 3rd respondent is proceeding with the construction therein, without obtaining any permission from respondents 1 and 2, and no steps are being taken by respondents 1 and 2 to demolish the same, in spite of their representation, dated 20.11.2009. From a perusal of the affidavit filed in support of the Writ Petition, it is evident that the 3rd respondent is also claiming rights over the said property and that a suit for injunction filed by 3rd respondent was decreed and the appeal filed by the petitioners against the said judgment is pending consideration. In any event, without obtaining permission from respondents 1 and 2, no construction can be taken up by the 3rd respondent in the plot in question. The learned Standing Counsel appearing for respondent Nos.1 and 2, on instructions, submits that the 3rd respondent has not taken up any construction in the plot in question. In view of the same, I deem it appropriate to dispose of the Writ Petition with a direction to respondent Nos.1 and 2 to ensure that the 3rd respondent shall not make any unauthorized construction in the property bearing No.19-4-280/1/30/6 in Survey No.23 admeasuring 800 square yards situated at Mirsagar, Tadban, Bahadurpura Mandal, Hyderabad. Subject to the above observations, the Writ Petition is disposed of. There shall be no order as to costs. _____________________ R. SUBHASH REDDY, J 25.02.2010 KH