IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 4952 of 2007 Between: 1 Nizamuddin, s/o Taqiuddin, r/o 16-7-766/B, Azampura, Hyderabad. 2 Amjadullah, s/o Khudrathullah, r/o 16-7-224/B, Azampura, Hyderabad. 3 Shoukat, s/o Habeeb, r/o 16-7-227, Azampura, Hyderabad. ..... PETITIONERS AND 1. Municipal Corporation of Hyderabad, represented by its Commissioner, Tankbund, Hyderabad. 2 . Municipal Corporation of Hyderabad, represented by its Addl.Commissioner, Circle-I, Sardar Mahal, Charminar, Hyderabad. 3 The Deputy Commissioner of police, South Zone, Hyderabad. 4 the Inspector of Police, Chaderghat Police Station, Hyderabad. 5 Yousuf, H.No.16-7-311/4, Opp:Sahifa Jama Masjid, Azampura, Hyderabad. 6. Mohd. Misbah-Ul-Haq, s/o. late Yakoob Ali, Muslim, aged about 56 years,occu:Business, R/o. H.No.17-8- 533/95, Baghejahanra, Yakuthpura, Hyderabad, A.P. (Respondent No.6 is impleaded as per Court order, dated 24.04.2009, in WPMP.No.9374 of 2007) .....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 a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the respondents 1 to 4 in not taking any action on the representations of the petitioners dt.16-8-2005, 28-11-2005 and 8-2-2007 and allowing the fifth respondent to proceed with the illegal construction and commencement of "Beaf Biryani Restaurant" in a residential locality situated opposite to Sahif Jama Masjid, Azampura, Hyderabad as arbitrary, illegal and consequently direct the respondents 1 to 4 not to permit the fifth respondent to start "Beaf Biryani Restaurant" in a residential locality situated opposite to Sahifa Jama Masjid, Azampura, Hyderabad and pass such other order or orders as this Hon'ble Court may deem fit and proper. Counsel for the Petitioners: SRI S.SATYAM REDDY Counsel for the Respondents 1,2,4 & 6: SRI R.RAMACHANDRA REDDY, SC FOR MCH. The Court made the following : THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.4952 OF 2007 ORDER: This writ petition is filed questioning the action on the part of respondents 1 to 4 in not taking any action against the 5th respondent for making illegal constructions by encroaching on the road, pursuant to the representations dated 16.08.2005, 28.11.2005 and 08.02.2007 submitted by the petitioners. The grievance of the petitioners is that since the 5th respondent has encroached on the road margin and raised some constructions and projections on such road margin illegally, they submitted representations to respondents 1 to 4, but so far no action has been taken thereon. A counter affidavit is filed on behalf of respondents 1 and 2, wherein, at paragraph 2, it is categorically stated that they have already removed the encroachments and demolished the structures projected on road margin on 08.03.2007. It is further stated that the building, in which a Restaurant was proposed to be opened, is an old building and no recent construction took place and, as such, no further action need be taken. In view of the aforesaid counter averments, it is clear that the respondents 1 to 4 have acted on the representations purported to have been submitted by the petitioners and, hence, the writ petition is devoid of merits. Accordingly, the writ petition is dismissed. No order as to costs. _________________ R.SUBHASH REDDY, J 24.04.2009 v v