WP/23397/2004 of Saleha Begum, Vs The Mandal Revenue officer, on 22 December 2004

1. The Mandal Revenue officer, Bahadurpura Mandal, Hyderabad.

2 The District Collector, Hyderabad.

3 Syed Zia-Ul Hasan Hussaini @ Zia Agha, S/o.Moulana Syed Abul Hasan @ Mirran Saheb Qibla, R/o.House No.22-3-114 & 117, DabeerPura, Hyderabad.

.....RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court may be pleased toissue an appropriate writ, order or direction, more particularly one in the nature ofwrit of Mandamus declaring the inaction of the respondent No.1 & 2 in not considering representation dt.19-10-04 as illegal and arbitrary and direct therespondents No.1 & 2 to take action against the respondent No.3 upon therepresentation of the petitioner dated 19-10-2004, demolish the illegal constructionmade by the respondent No.3 on the Government land abutting house Nos.22-3-114& 117, situated at Mata Ki Khidki, Dabeerpura, Hyderabad and restore the Bore Welldug by the Government to its original form. Any other relief deemed fit and proper bealso granted to the petitioner.

For the Petitioner: MR.ABDUL NAJEEB KHAN, Advocate.For Respondent Nos.1 and 2: GP FOR REVENUE

For Respondent No.3 : --

The Court at the stage of admission, made the following Order: (per Sri B. SudershanReddy, J)

Heard the learned counsel for the petitioner and the learned Government Pleader forRevenue appearing on behalf of respondents 1 and 2 and at their request, the matteris taken up for final disposal at the admission stage. No notice as such is required tobe issued as against respondent No. 3 since no order adversely affecting his interestis passed in this writ petition.

The gravamen of the complaint in the instant writ petition relates to inaction on thepart of respondents 1 and 2 in considering the representation dated 19-10-2004stated to have been made by the petitioner as against the 3[rd] respondent that he hadencroached into the Government land and made some illegal constructions.

We are not inclined to express any opinion whatsoever as regards the truth orotherwise of the allegations levelled by the petitioner in the representation dated 19-10-2004. It is a matter of enquiry by respondents 1 and 2.

In the circumstances, this writ petition is disposed of directing respondents 1 and 2to take appropriate action in accordance with law and dispose of the representation dated 19-10-2004 after due notice to the 3[rd] respondent who shall be entitled to filehis objections to the representation made by the petitioner. That an appropriatedecision in this regard shall be taken within a period of four weeks from the date ofreceipt of a copy of this order.

22-12-2004

ks

(B. Sudershan Reddy, J)

(M. Narayana Reddy, J)

To

1. The Mandal Revenue officer, Bahadurpura Mandal,Hyderabad.

2 The District Collector, Hyderabad.

3 Two CCs to the Government Pleader for Revenue, HighCourt of Andhra Pradesh, Hyderabad (OUT).

4 Two CD copies.