Telangana High Court

WP/28184/2009 of Yousuf Khan Vs Greater Municipal Corporation of Hyderabad on 29 December 2009

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MR JUSTICE L. NARASIMHA REDDY Writ Petition No.28184 of 2009 ORDER: The petitioner and the 3rd respondent are residents of Ahmed Nagar, Hyderabad. It is alleged that the 3rd respondent made illegal and unauthorized construction in premises bearing No.10-6-23, Bada Bazar, First Lancer,

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ORDER:

THE HON’BLE MR JUSTICE L. NARASIMHA REDDYWrit Petition No.28184 of 2009

The petitioner and the 3[rd] respondent are residents of AhmedNagar, Hyderabad. It is alleged that the 3[rd] respondent made illegaland unauthorized construction in premises bearing No.10-6-23, Bada Bazar, First Lancer, Ahmed Nagar, Hyderabad. Thepetitioner states that the 3[rd] respondent made illegal construction,encroaching the Wakf land, under the public properties. It is stated thatthe A.P. State Wakf Board, the 2[nd] respondent herein issued notices of eviction in the year 2008,requiring the 3[rd] respondent and certain others to remove theencroachments, and still, no action has been taken. The petitionercontends that the respondents 1 and 2 have failed in discharging theirstatutory duties in ensuring that the unauthorized constructions areremoved. He seeks appropriate directions in this regard.

Heard the learned counsel for the petitioner, learned StandingCounsel for the 1[st] respondent, and learned Standing Counsel for the2[nd] respondent.

The grievance of the petitioner is mostly about the allegedencroachment, said to have been made by the 3[rd] respondent. Theintention of the petitioner appears to be to save and protect publicproperties. At least, when representation is made about the allegedencroachment of the public property, respondents 1 and 2 areexpected to act, and issue notice to the 3[rd] respondent, if it is foundthat he is encroached into Wakf land, and other public properties.

Hence, the writ petition is disposed of, directing that the respondents 1 and 2, shall examine the representation made by thepetitioner, and take necessary action against the 3[rd] respondent, dulyissuing notice to him, under the relevant provisions of law, within twomonths from the date of receipt of a copy of this order.

There shall be no order as to costs.

Dt.29-12-2009.KO

________________________

L. NARASIMHA REDDY, J.

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