IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 12903 of 2009 Between: Mohd. Nazeer Ahmed Qureshi S/o Late Mr. Vali Mohd H.No.17-3-44/1 Masroor Nagar,Rain Bazar,Hyderabad-23 .... PETITIONER AND 1 The Chief Commissioner G.H.M.C of Hyderabad office at Tank Bund, Saifabad, Hyderabad 2 The Deputy Commissioner Greater Hyderabad Municipal Corporation Circle No1, Sardar Mahal, Charminar, Hyderabad 3 Assistant City Planner Circle No.1 Sardar Mahal Charminar, Hyderabad 4 Mohd Habeed Khan S/o. Mohd Waheed Khan Wahed Colony Yakuthpura, 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 or writs more appropriately a writ of Mandamus declaring the inaction of the respondent No 1 to 3 for non considering the representation of the petitioner dated 10-07-2008, 25- 07-2008 31-7-2008, 08-08-2008 and 5-12-2008 and not removing the encroachment from the public road at House No 17-3-44/1 Masroor Nagar, Dhobi Galli, Rein Bazar, Hyderabad is illegal void and ultra vires in the interest of justice and equity or pass such other order or orders as deem fit and proper in the circumstances of the case. Counsel for the Petitioner : MR.A.M.QURESHI Counsel for the Respondent Nos.1 to 3: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 12903 of 2009 ORDER: This writ petition is filed seeking a declaration that the inaction on the part of the respondents 1 to 3 in considering the representations made by the petitioner complaining about the alleged encroachments being made by the 4th respondent upon the public road at Door No.17- 3-44/1, Masroor Nagar, Dhobi Galli, Rein Bazar, Hyderabad, as arbitrary and illegal. I have heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents 1 to 3. The material on record shows that the representations/ complaints made by the petitioner were received in the office of the respondents 1 to 3 on 19.7.2008, 28.7.2008, 31.7.2008, 08.08.2008 and 06.12.2008 respectively. In the circumstances, the respondents 1 to 3 are bound to make necessary enquiry into the alleged encroachment and illegal constructions made by the 4th respondent. 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 to 3 to consider the representations/complaints dated 10.7.2008, 25.7.2008, 31.7.2008, 08.08.2008 and 05.12.2008 made by the petitioner and pass appropriate orders in accordance with law, after giving an opportunity to the fourth respondent to rebut the allegations. 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 Dt.01-07-2009 RAR THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 12903 of 2009 DATED : 01-07-2009