IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28317 of 2008 Between: Dr. K.I. Askari S/o. Khaja Hassanuddin M/s. J.B. National Hospital No.5-9-88/3 at Chapel Road, Opp. Fateh Maidan Club Gate, Hyderabad. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation rep. by its Commissioner, Tank Bund, Hyderabad. 2 Executive Engineer, Project Division-I, Cirlce-8, MCH Parking Complex, Abids, Greater Hyderabad Municipal Corporation, Hyderabad. 3 Ali Imam S/o. Mir Mumtaj Alil R/o. H.NO.5-9-88/B/1, Opp. Khan Lateef Khan Buildings, Chapel Road, Fateh Maidan, Hyderabad. .....RESPONDENT(S) 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 to issue a writ, order or direction essentially one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents by directing the respondents to remove the rubbles and debris lying on the common passage and to demolish the un authorised construction which is causing very much inconvience to the patients of M/s J.B.National Hospital and pass Counsel for the Petitioner:MS.NASEEM ARA Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : ORDER The petitioner is the absolute owner and Director of the hospital by name J.B.National Hospital, situated at No.5-9-88/3 at Chapel Road, opposite Fateh Maidan Club Gate, Hyderabad. According to him, the said hospital was constructed in the year 1969, after obtaining necessary permission. However, when the 3rd respondent, who is his neighbour, submitted a plan for the purpose of construction of a house, the petitioner raised an objection and in the light of the said objection, the 3rd respondent was permitted to submit a revised plan. However, without notice to the petitioner, the said revised plan was approved vide permit No.127/14 to construct a residential house consisting of ground floor, part of first floor and part of second floor in the year 2006. As the said construction is to be brought out by demolishing the old structure, the said old structure was demolished on account of which rubbles and debris are lying on the common passage. On account of the same, the petitioner as well as the patients coming to the hospital felt inconvenienced and in the light of the same, the petitioner approached respondent Nos. 1 and 2 and gave number of representations on 19.4.2006, 25.3.2008, 21.5.2008, 27.6.2006 and 19.11.2008. However, no action has been initiated. Therefore, the petitioner approached this Court and filed the present writ petition. Having heard the learned counsel for the petitioner as well as the learned Standing Counsel for Grater Hyderabad Municipal Corporation, this Court is of the view that the usual notice to the unofficial respondents can be dispensed with and this writ petition can be disposed of at the stage of admission. Accordingly, this writ petition is disposed of with a direction to respondents 1 and 2 to consider the representations given by the petitioner on various dates and pass necessary orders. However, as this Court is dispensing with the usual notice to the 3rd respondent, respondents No.1 and 2 shall put the 3rd respondent on notice before passing any orders. _________ 29-12-2008 rkk