IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 14494 of 2009 Between: Metha & Modi Homes Partnership Firm rep.by its its Partner Sohan Modi, S/o. Shri Satish Modi,Plot No.280 Road No 25, Jubilee Hills,Hyderabad-500034 .... PETITIONER AND 1 The Greater Hyderabad Municipal Corporation rep.by its Commissioner, Tank Bund Road, Hyderabad 2 The Deputy Commissioner GHMC Kapra Circle, Kushiguda,Hyderabad 3 A.Sattaiah S/o A.Ramaiah 1-91 Mallapur,Ranga Reddy District 4 A. Venkatesh S/o Sathaiah 1-91 Mallapur,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 of Mandamus or any other appropriate writ or order direction declaring the inaction of the respondent Nos 1 & 2 in not stopping the illegal and unathorized construction of the 3rd & 4th respondents in their polts admeasuring 444 Square yards in Survey No 82/1 Mallapur(V) Uppal(M) Ranga Reddy District as arbitrary and illegal and consequently direct the respondent Nos 1&2 to stop the illegal construction activity of the 3rd & 4th respondents in plot No admeasuring 444 square yards in Sy No.82/1 Mallapur(V) Uppal(M) Ranga Reddy District and further direct the respondents and 2 to demolish the illegal already raised by the 3rd&4 respondents illegally in the said plots, and pass such other order or orders in the interest of justice. Counsel for the Petitioner : MR.V.VENKATARAMANA Counsel for the Respondent Nos.1 & 2: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 14494 of 2009 ORDER: This writ petition is filed seeking a declaration that the action of the respondents 1 and 2 (Greater Hyderabad Municipal Corporation) in not stopping the alleged illegal and unauthorised constructions being made by the respondents 3 and 4 in plots situated in Survey No.82/1, Mallapur village, Uppal Mandal, Ranga Reddy District, as arbitrary and illegal. I have heard learned counsel for the petitioner as well as the learned Standing Counsel appearing for the Corporation. The material on record shows that the petitioner submitted a representation complaining about the alleged illegal and unauthorised constructions being made by the respondents 3 and 4 and the same was received in the office of the respondents on 30.06.2009. In the circumstances, the respondents 1 and 2 are bound to make necessary enquiry into the allegations made by the petitioner and appropriate action is expected to be taken in accordance with law. Accordingly, without expressing any opinion as to the correctness of the allegations made by the petitioner, the respondents 1 and 2 are directed to consider the representation of the petitioner dated 30.6.2009 and pass appropriate orders, in accordance with law, after giving an opportunity to the 3rd and 4th respondents to rebut the allegations made. Such an exercise shall be completed, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly, at the stage of admission. No costs. _____________ G.ROHINI, J 21st July 2009 RAR THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14494 of 2009 DATED :21-07-2009