IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 11295 of 2009 Between: Dr. Hafeezulla Baig, S/o. Late Ajeezulla Baig, R/o. 24-88/47, East Anand Bagh, Safilguda, Malkajgiri, Hyderabad - 47. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration & Urban Development (M) Dept. A.P. Secretariat Buildings, Hyderabad. 2 The Commissioner & Special Officer, Greater Hyderabad Municipal Corporation, (W &E), Tank Bund, Hyderabad. 3 The Deputy Commissioner, Malkajgiri Circle, Greater Hyderabad Municipal Corporation, Hyderabad. 4 Moinuddi, S/o. Sk. Nizamuddin, R/o. 24-88/32, East Anand Bagh, Safilguda, Malkajgiri, Hyderabad - 47. .....RESPONDENTS 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 an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the respondents 2 and 3 and reporting the compliance to the 1st respondent in pursuance of the Memo No. 6978/M1/2009, dated 13-5- 2009 and in taking any action against the 4th respondent for his illegal and un-authorised constructions made in the land bearing Door No. 24- 88/32, East Anand Bagh, Safilguda, Malkajgiri, Hyderabad - 47, is illegal and arbitrary, and consequently direct the respondents to forthwith take action against the 4th respondents per Great Hyderabad Municipal Corporation Act by removing the illegal and unauthorized structures. Counsel for the Petitioner: MR.D.HANUMANTHA RAO Counsel for the Respondents: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following ORDER: HON’BLE MS JUSTICE G.ROHINI Writ Petition No.11295 of 2009 ORDER: This writ petition is filed seeking a declaration that the inaction on the part of respondents 2 and 3 in complying with the directions of the first respondent vide Memo, dated 13.05.2009, to take action against the fourth respondent for the alleged illegal and unauthorized constructions being made at premises bearing No.24-88/32, East Anand Bagh, Safilguda, Malkajgiri, Hyderabad, is arbitrary and illegal. When the matter is taken up for consideration, Sri R.Radha Krishna Reddy, learned Standing Counsel for GHMC, who accepted notice on behalf of respondents 2 and 3, under instructions, submitted that in compliance with the directions of the first respondent, a notice under Section 452 of the Hyderabad Municipal Corporation Act, 1955 has already been issued with regard to the alleged illegal constructions being made at premises bearing No.24- 88/32, East Anand Bagh, Safilguda, Malkajgiri, Hyderabad, and that appropriate action would be taken in accordance with law. A copy of the said notice has also been placed before this Court. Having regard to the above fact, without expressing any opinion on merits, the writ petition is disposed of with a direction to respondents 2 and 3 to complete the proceedings initiated vide notice, dated 02.06.2009, following due process of law, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. Since it is alleged by the writ petitioner that the fourth respondent has been proceeding with the alleged illegal constructions at the premises in question, there shall be a further direction to respondents 2 and 3 to take appropriate action forthwith, in case it is found that the said constructions are being made contrary to law. There shall be no order as to costs. _____________ G.Rohini, J Dt.15.06.2009 Note: Issue CC by tomorrow. (b/o) VGB