WP/26125/2008 of G.B. Shyam Rao Vs Greater Hyderabad Municipal Corporation on 30 December 2008

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENTTHE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADAWRIT PETITION NO : 26125 of 2008

Between:

G.B. Shyam Rao S/o. Sri Balak Das

R/o. H.No. 2-2-1107/79, Tilak Nagar,

Hyderabad - 500 044.

AND

..... PETITIONER

1 Greater Hyderabad Municipal Corporation Rep. by its Commissioner & Special Officer Tank Bund, Secunderabad.

2 The Assistant City Planner Circle III, Greater Hyderabad Municipal Corporation Abids, Hyderabad - 500 001.

3 Mr. Rajeshwar S/o. Late Sri Danaiah

R/o. H.No. 2-2-1107/51, Tilak Nagar,

Hyderabad - 500 044.

.....RESPONDENT(S)

Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to to issue a writ, order or direction more particularly in the natureof a writ of mandamus declaring that the inaction on the part of the 1st and2nd respondents in failing to act upon the representation dated 06-11-2008 and failing to prevent the 3rd respondent from proceeding withconstruction over the public road (G.V.M. Road) leading from NewNallakunta to Tilak Nagar as illegal and arbitrary and consequently directthe 2nd respondent to demolish and remove the unauthorizedconstruction made by the 3rd respondent in violation of the municipal bye-laws and over the public road and prevent the 3rd respondent frommaking any constructions over the public road and grant such other reliefor reliefs as this Hon'ble Court may deem fit and proper in the interests ofjustice and in the circumstances of the case.

Counsel for the Petitioner:MR.G.M.MOHIUDDIN

Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SCFOR MCH 1,2,4&6

The Court made the following :