IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 17189 of 2008 Between: Kishore Kumar, S/o. Hiranand, R/o. P.No.51, Jawahar Nagar Colony, Penderghast Road, Secunderabad. ..... PETITIONER AND 1 The Greater Hyderabad Muncipal Corporation, Tank bund Road, Hyderabad, rep by its Chief Commissioner & Special officer, 2 The Chief City Planner, Greater Hyderabad Municipal Corporation, Tank Bund Raod, Hyderabad. 3 T.N.Khambati, S/o. N.G.Khambati, R/o. 6-2-20, New Boiguda, Secunderabad. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declare the action of the respondents 1 and 2 in not initiating the action against the illegal constructions of the 3rd respondent by encroaching the proposed road as illegal, arbitrary, contrary to the provisions of Hyderabad Municipal Corporation Act, 1955, and consequently take action against the 3rd respondent for the illegal constructions. Counsel for the Petitioner: SMT.D.PRAMADA Counsel for the Respondent Nos.1&2: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 Counsel for the Respondent No.3: MR. VEDULA SRINIVAS The Court made the following : ORDER: This writ petition has been filed by Kishore Kumar assailing the inaction of the respondents 1 and 2 on the complaints made by him with regard to the illegal constructions made by T.N.Khambati-3rd respondent by encroaching the proposed road. 2. The petitioner claims that his mother purchased Plot Nos.18 and 19 and Bunglow No.142 admeasuring 266.66 sq. yards and 355.55 sq. yards at Penderghast Road, Secunderabad, under a registered sale deed dated 25.03.1965. Subsequently, his mother sold away Plot No.19. According to him, his mother purchased the area occupied by a big boulder adjacent to Plot No.18 and obtained building permission on 13.11.1980 in respect of Plot no.18. She had shown the area occupied the boulder as an open area in her building permission application. The 3rd respondent purchased an extent of 8126 sq. yards. The site purchased by the 3rd respondent is adjacent to the plot of the petitioner’s mother intervened by a 40 feet width road. The grievance of the petitioner is that the 3rd respondent encroached on the road portion and therefore, the respondents 1 and 2 have to take necessary action for removal of the constructions made by the 3rd respondent on the encroached road portion. Various other proceedings have been referred to in the writ affidavit, which are not required to be detailed in view of the order proposed to be passed in this Writ Petition. 3. Notice before admission came to be ordered on 07.08.2008. 4. 3rd respondent filed counter-affidavit. It is stated in the counter- affidavit that the petitioner herein filed O.S.No.117 of 1991 against him and his family members and ultimately the said suit ended in dismissal for non-prosecution on 23.02.1998. Reference has been made to other suits between the parties and appeals filed thereto. 5. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondents 1 and 2 and learned counsel appearing for the 3rd respondent. 6. Learned counsel appearing for the petitioner submits that the respondents 1 and 2 did not initiate any action despite the repeated representations made by the petitioner with regard to the illegal constructions made by the 3rd respondent by encroaching the road portion as well as the area earmarked for park. 7. Learned Standing Counsel appearing for the respondents 1 and 2 submits that necessary action has been initiated and the 3rd respondent has been directed to produce copies of the ownership documents along with sanctioned plan of Innovation Apartments at premises No.1-8-161 to 164 (Bungalow No.142/C) situated at Sindhi Colony, P.G. Road, Secunderabad, for verification within seven days. A copy of the notice sent to the 3rd respondent has been placed on record, the text of which reads as hereunder: “With reference to the subject cited, it is to inform that one Sri Kishore Kumar has complained vide reference cited stating that you have encroached the 40’-0” wide road and park area to an extent of 3,222 sq. yards and constructed a residential complex in the name and style of Innovation Apartments at premises No.1-8-161 to 164 (Bungalow No.142/C) situated at Sindhi Colony, P.G. Road, Secunderabad. Therefore, you are hereby requested to produce the copy of the ownership documents along with the sanctioned plan of Innovation Apartments at premises No.1-8-161 to 164 (Bungalow No.142/C) situated at Sindhi Colony, P.G.Road, Secunderabad for verification within seven (7) days from the date of receipt of this office letter, failing which further necessary action will be taken under the provisions of HMC Act, 1955.” 8. In view of the said notice, the Writ Petition is disposed of at the admission stage directing the respondents 1 and 2 to pursue the action initiated against the 3rd respondent and pass appropriate orders in accordance with law after putting on notice the effect parties including the petitioner and the 3rd respondent. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:21st November, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{JGK}