IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 13942 of 2006 Between: Mohammad Shariff S/o Ismail Shariff, R/o H. No. 11-3-446, New Mallepally, Hyderabad rep by his GPA Holder Sama Subhash Reddy S/o Late Chandra Reddy R/o Upparpally (V) Rajendranagar Municipaltiy, Ranga Reddy District ..... PETITIONER AND 1 The Commissioner Rajendra Nagar Municipaloy, Rajendranagar,, Ranga Reddy District 2 S.M. Hussain S/o Not known to the plaintiff, R/o Prop. Hussaini construction, Farms & Resorts, Office at 2- 6-4, Hussain Ads Complex, Upparpally(V), Rajendrangar (M) Ranga Reddy District 3 B. Venkatesh @ Adirala Venkatesh S/o Pochaiah R/o Upparpally(V), Rajendrangar (M) Ranga Reddy District .....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 a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the first Respondent authorities for convenience with respondent NO.2 and 3 and not taking any action against the illegal and unauthorised constructions being made by the Respondent Nos. 2 7 e with any permission and disobedience of the injunction orders in I.A. No. 2804 of 2006 in O.S. No. 118 of 2006 as illegal and further direct the respondent authorities to forthwith take the action of the removal of such illegal constructions in Survey No. 17/A admeasuring Ac.0-07 guntas of Sogubowli Village, Rajendrangar Mandal, Ranga Reddy district and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.M.V.DURGA PRASAD Counsel for the Respondents: MR.P.RADHAKRISHNA The Court made the following : ORDER: In this writ petition, the petitioner questions the action of the first respondent-Commissioner, Rajendranagar Municipality, in not taking any action against respondents 2 and 3 for the unaughorised constructions being made by them in Sy.No.17/A admeasuring 0.07 guntas situated at Sogubowli Village, Ranga Reddy District contrary to the orders obtained by the petitioner in I.A.No.2804 of 2006 in O.S.No.1417 of 2006. The case of the petitioner is that in view of the civil disputes between the petitioner and respondents 2 and 3, the petitioner filed a suit in O.S.No.1417 of 2006 on the file of the Principal Junior Civil Judge, Ranga Reddy District, for perpetual injunction and pending the suit obtained ad-interim injunction in I.A.No.2804 of 2006. It is the grievance of the petitioner that in spite of the injunction order granted by the competent Civil Court restricting respondents 2 and 3 from making any constructions in the subject land, respondents 2 and 3 are proceeding with the constructions illegally, and no action has been taken by the first respondent-Commissioner. Though no counter affidavit is filed by the first respondent- Commissioner at the stage of admission, in view of the Notice before admission ordered by this Court on 11.07.2006 a counter affidavit is filed by the third respondent. In the counter affidavit, it is stated that the land in S.No.17/A was belonging to his grandfather Adirala @ Buddoni Venkaiah. The same was sub- divided as per the land records into Sy.Nos.17/a, 17/aa, 17/e and 17/ee admeasuring Ac.0.12 guntas each. It is stated that Ac.0.12 guntas of land covered by Sy.No.17/a was sold away to Sama Chandra Reddy, father of Sama Subhash Reddy, who has filed the present writ petition as G.P.A. holder of the writ petitioner. It is submitted that Sama Subhash Rreddy in turn has sold away the said land in favour of Ashok Vihar Co-operative House Building Society vide registered sale deed dated 3.03.1990 and the petitioner is not having any right title or any interest over the subject land. It is stated that though he has sold away his land he got filed a suit in O.S.No.1417 of 2006 through the petitioner herein before the Principal Junior Civil Judge, Ranga Reddy District for permanent injunction and obtained ex parte interim injunction orders in I.A.No.2804 of 2006. But the learned Judge after hearing both sides dismissed I.A.No.2804 of 2006 vide its order dated 25.09.2006. It is further stated that as the application filed by the third respondent was not refused within the statutory period, in view of the deemed sanction they were proceeding with the construction. From the averments made in the counter affidavit filed by the third respondent it is clear that there are serious factual disputes with regard to the title and ownership of the subject land and in that regard the petitioner has already filed a suit in O.S.No.1417 of 2006. In that view of the matter, the said dispute with regard to title and possession need not be gone into in this writ petition. Though the petitioner stated about the passing of ex parte injunction orders in I.A.No.2806 of 2006, but from the counter affidavit filed by the third respondent it is clear that the said interim orders have been vacated and I.A.No.2804 of 2006 has already been dismissed. In view of the dismissal of I.A.No.2804 of 2006, I do not find any merit in this writ petition for grant of relief as prayed for by the petitioner. If the petitioner is having any right over the subject land, he can work out his remedies in the suit already filed by him. Subject to the above observation, the Writ Petition is dismissed. There shall be no order as to costs. _______________________ (R.SUBHASH REDDY, J.) 23rd April, 2009 Js.