IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 11213 of 2009 Between: V.R. Saxsena S/o. Late D.R. Saxsena R/o. 20-2-392/2, Hussaini Alam, Hyderabad. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation Reptd. by Commissioner & Special Officer Having its Office at Lower Tank Bund, Basheerbagh, Hyderabad. 2 Smt. Shashi Saxsena W/o. Narender Pershad R/o. 20-2-393 & 394, Hussaini Alam, 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 issue writ of Mandamus or any other proper writ or other order or direction in the nature of writ against the Respondent No. 1 thereby directing to remove the obstruction particularly the structure raised by the Respondent No.2 in the premises bearing Municipal No. 20-3-393 & 394, situated at Hussaini Alam, Hyderabad, for free flow of traffic in a proper way in the said lane . Counsel for the Petitioner:MR.DAMODAR MUNDRA Counsel for the Respondent No.: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 11213 of 2009 ORDER: This writ petition is filed seeking a declaration that the action of the 1st respondent in not considering the petitioner’s representation dated 27.4.2009 complaining about the illegal and unauthorized constructions being made by the 2nd respondent in the property bearing Nos.20-3-393 & 394, situated at Hussaini Alam, Hyderabad, as arbitrary and illegal. I have heard the learned counsel for the petitioner as well as the learned Standing counsel appearing for the 1st respondent. Since, admittedly the petitioner’s representation/complaint was received in the office of the 1st respondent on 27.4.2009, the 1st respondent is bound to consider and make necessary enquiry into the allegations made by the petitioner. Accordingly, without expressing any opinion as to the correctness of the allegations made by the petitioner, the writ petition is disposed of with a direction to the 1st respondent to consider the representation/complaint made by the petitioner dated 27.4.2009 and pass appropriate orders in accordance with law, after giving an opportunity to the respondent No.2 to rebut the allegations. Such exercise shall be completed as expeditiously as possible, preferably within a period of four weeks from the date of receipt of this order. No costs. _______________ Justice G.Rohini Date:10.06.2009 mrb