IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 15178 of 2008 Between: 1 Smt. Khaja Begum W/o. Mohd. Yousuf R/o. 13-19, Beerappagadda, Uppal , Hyderabad. 2 Smt. Tayyaba Begum W/o. Mohd,. Yaqub R/o. 2-22-14, Chilakanagar, Uppal , Hyderabad. ..... PETITIONER(S) AND 1 The Commissioner, Greater Hyderabad Municipal Corporation Office at Lower Tank Bund, Hyderabad. 2 The Deputy Commissioner, Greater Hyderabad Municipal Corporation Uppal Circle, Hyderabad. 3 Shaik Afzal S/o. Late Shaik Chand R/o. H.No. 2-11-92, Bharatnagar, Uppal, Hyderabad. 4 Shai Akbar S/o. Late Shaik Chand R/o. H.No. 2-11-92, Bharatnagar, Uppal, 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 directions more particularly writ of Mandamus declaring the action of the respondents 1 & 2 in not considering the representations of the petitioners and not initiating any action to stop the ilegal, and unauthorized constructions made by the respondents 3 & 4 at .No. 2-11-92, Bharatnagar, Uppal, Hyderabad without any approved plan permission and consequently direct the respondent No. 1 & 2 to take necessary action and to stop the illegal and unauthorized constructions made by the Respondents 3 & 4 on the said house property and pass such other order or orders Counsel for the Petitioner:MR.MOHD MUMTAZ PASHA Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 15178 OF 2008 ORDER: 1. This writ petition has been filed by the petitioners who are two in number with a prayer to issue writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 1 and 2 in not initiating any action to stop the illegal and unauthorized constructions being made by the respondents 3 and 4 on the premises bearing No. 2-11-92, Bharatnagar, Uppal, as arbitrary and illegal. 2. The petitioners are the daughters and respondents 3 and 4 are the sons of late Shaik Chand. Some disputes arose between them with regard to the partition of the properties owned by their father and ultimately the petitioners filed O.S.NO. 972 of 2008 seeking for partition on the file of the I Additional Senior Civil Judge, Ranga Reddy District. They also moved injunction petition restraining the respondents 3 and 4 herein from making illegal and unauthorized constructions. The petitioners secured some interim order which is stated to be in force. Being not content with the interim order in Civil Suit, they chooses to invoke jurisdiction under Article 226 of the Constitution of India. 3. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for respondents NO.1 and 2. 4. Learned counsel appearing for the petitioners submits that the respondents 1 and 2 are failed in discharging their duty to stop the unauthorized constructions being made by respondents NO.3 and 4 on the premises bearing Door No.2-11-92 and therefore, necessary directions are required to be given to respondent NO.1 and 2. 5. Apparently the petitioners approached civil Court seeking for partition and separate possession of their shares in the properties owned by their father and they also secured interim order against the respondents NO.3 and 4 restraining them from proceedings with the constructions. Since civil court ceased of the matter, where the rights of the parties are required to be settled, the writ petition filed by the petitioners with the relief stated supra is misconceived. 6. Accordingly, this writ petition is dismissed at the admission stage. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 15th July, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 15178 OF 2008 15th July, 2008.