IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 13692 of 2009 Between: M.Laxman S/o. M.Narsing Rao 21-1-477 Pathergatti,Hyderabad ..... PETITIONER AND 1 The Commissioner & Special Officer GHMC having its office at Lower Tank Bund, Basheerbagh,Hyderabad 2 Shri Gyaneshwar Rao S/o Not Known to the petitioner (Major) 21-1-476 Pathergatti, Hyderabad .....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 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 structure raised by respondent No 2 upto four floors without permission in the property bearing Municipal No.21-1-476 situated at Pathergatti, Hyderabad. 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 : 13692 of 2009 O R D E R : The petitioner herein claims to be the absolute owner and possessor of property bearing Municipal No. 21-1-477, Pathergatti, Hyderabad. It is alleged that the second respondent, who is the owner of the neighbouring house bearing Municipal No.21-1-476 started raising constructions over his property without obtaining any permission as required under law. In the circumstances, the petitioner made representations dated 12-06-2009 and 25.06.2009 requesting the first respondent to take immediate steps for removal of the unauthorized and illegal constructions being made by the second respondent. Alleging that the first respondent failed to take any action, the present writ petition is filed. I have heard the learned counsel for the petitioner as well as Sri R.Radhakrishna Reddy, appearing for the first respondent. The material placed before this Court shows that the representations/complaints made by the petitioner were received in the office of the first respondent on 12.06.2009 and 26.06.2009. In the circumstances, the first respondent is bound to make the necessary enquiry into the alleged unauthorized and illegal constructions being made by the second respondent and appropriate steps ought to have been taken following due process of law. 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 first respondent to consider the representations/complaints made by the petitioner dated 12.06.2005 and 25.06.2009 and pass appropriate orders in accordance with law after giving an opportunity to the second respondent to rebut the allegations made. Such exercise shall be completed as expeditiously as possible preferably within a period of three weeks from the date of receipt of a copy of this order. No costs. ______________ G. ROHINI, J Dated: 10-07-2009 Note: Issue C.C. by tomorrow. B/o KLP