IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 5518 of 2008 Between: Mohammed Majeedullah Khan, s/o. Late Mohd. Ahmedullah Khan, R/o. 16-10-185/2/A, Old Malakpet, Hyderabad. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, Rep by its Commissioner and Specail Officer, Hyderabad. 2 Greater Hyderabad Municipal Corporation, Rep by its Assistant City Planner (Town Planning) Circle No. 1, Sardar Mahal, Hyderabad. 3 Md. Sadullha Khan, s/o. Late Md. Asadullah Khan, R/o. H.No. 16-10-185/2, Old Malakpet, Hyderabad. 4 Md. Hushmatullha Khan, s/o. Late Md. Asadullah Khan, R/o. H.No. 16-10-185/2, Old Malakpet, Hyderabad. 5 Md. Inayathullaha Khan, s/o. Late Md. Asadullah Khan, R/o. H.No. 16-10-185/2, Old Malakpet, Hyderabad. 6 Md. Himayathullah Khan, s/o. Late Md. Asadullah Khan, R/o. H.No. 16-10-185/2, Old Malakpet, 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 any appropriate writ order or direction preferably a writ in the nature of writ of mandamus declaring the inaction of the 1st and 2nd respondents innot initiating any action on the representations of the petitioner dated 23.1.2008 and 30.1.2008 and not stopping the illegal, construction made by the unoﬃcial respondents in respect of property bearing H>No.16-10-185/2 Old Malakpet, Hyderabad as being illegal, arbitrary, violative of ARticles, 14 and 300-A of the Constitution of India and consequently direct the 1st and 2nd respondent to forthwith demolish the illegal,constructions mad eby theunofficial respondents in the said premises and pass Counsel for the Petitioner:MR.ALI FAROOQUE Counsel for the Respondent No.: MR.R.RAMACHANDRA REDDY The Court made the following : O R D E R: 1. This Writ Petition has been ﬁled by Mohammed Majeedullah Khan assailing the inaction of 1st and 2nd respondents on the representations made by him on 23.1.2008 and 30.1.2008 with regard to illegal constructions being made by R3 to R6. 2. The petitioner claims to be the owner and possessor of house property bearing No.16-10-185/2/A, Old Malakpet, Hyderabad having purchased the same under a registered sale deed dated 7.1.1986 from R3 to R6. It is the case of the petitioner that R3 to R6 are making constructions without obtaining necessary permission from R1 and R2. He submitted representations to R1 and R2 complaining the illegal constructions being made by R3 to R6. There being no action on the representations he approached this Court invoking jurisdiction under Article 226 of the Constitution of India. 3. Rule nisi came to be issued on 31-3-2008. An interim direction was granted to unoﬃcial respondents not to proceed further with the constructions that are made by them at the premises bearing No.16-10- 185/2, Old Malakpet, Hyderabad. 4. The unoﬃcial respondents entered appearance and ﬁled WVMP.No.1393 of 2008 with a prayer to vacate the interim order issued on 31.3.2008. 5. On 14.10.2008 a direction came to be issued to 2nd respondent to nominate one of his responsible Oﬃcers to the premises wherein R3 to R6 are proceeding with the constructions and verify whether the constructions are in accordance with the plan. Pursuant to the direction given by this Court on 14.10.2008, 2nd respondent submitted status report, which reads as under: “ With reference to subject cited, it is to inform that the owner Sri.Mohd.Sadullah Khan Aslam of Pr.No.16-10-185/2 situated at Old Malakpet, Hyderabad has been constructed illegal and unauthorized ground and ﬁrst ﬂoor by dismantling the old structure for which this oﬃce has served notices u/s 461 and 452 of HMC Act, 1955 to show cause why the unauthorized construction should not be demolished. In turn the said owner has submitted the injunction order vide reference 1st cited and constructed under the shelter of court orders. Meanwhile Sri.Mohd.Majeedullah Khan neighbour of said property has approached to the Honourable High Court and obtained status quo order where in the Honourable High Court has ordered that “the unoﬃcial respondents are directed not to proceed further with the constructions that are being made by them at premises bearing House No.16-10-185/2, Old Malakpet, Hyderbad. List the matter after four weeks. Immediately, this oﬃce has stopped the construction work and informed to the owner of the said premises to maintain status quo order of Honourable High court and also a letter served to the concerned police station and conducted panchanama dated 10.4.2008 and taken necessary photographs. The owner has maintained the status quo order till today. Photographs enclosed herein.” 6. When the vacate stay petition came up for consideration with the consent of learned counsel for the parties the writ petition itself is taken up for final hearing. 7. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for R1 and R2 and learned counsel appearing for R3 to R6. 8. Learned counsel appearing for the petitioner submits that R3 to R6 are proceeding with the constructions inspite of the interim order granted by this Court on 31.3.2008. 9. Learned counsel appearing for R3 to R6 submits that pursuant to the interim order R3 to R6 are not proceeding with the construction. 10. A fact remains that a civil suit has been ﬁled by R3 to R6 against R1 and R2 restraining them from interfering with their constructions. The civil Court granted status quo order. Thereafter, the writ petitioner herein got himself impleaded in the suit. The implead petition is stated to be pending. Since R3 to R6 speciﬁcally asserts that they are not proceeding with further construction, I deem it appropriate to dispose of the writ petition directing R1 and R2 to initiate necessary action with regard to removal of unauthorized constructions, after disposal of the suit or injunction application by the trial Court. 11. Accordingly, this writ petition is disposed of. No costs. 3rd November, 2008. (B.Seshasayana Reddy,J) tnb ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.5518 OF 2008 3-11-2008