Telangana High Court

WP/27987/2008 of Gulam Subhani, Vs The Commissioner, on 24 December 2008

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HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 27987 of 2008 Between: 1 Gulam Subhani, S/o. Late Gulam Samdani, R/o.

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENT

THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADAWRIT PETITION NO : 27987 of 2008

Between:

1 Gulam Subhani, S/o. Late Gulam Samdani, R/o. D.No. 20-4-55, New Bus Stand, Charminar, Hyderabad.

2 Farooq Bin Ahmed, S/o. Ahmed Bin,

Omer, R/o. H.No. 18-7-198/A/38, New Moghalpura, Hyderabad.

3 Habeeb Ali Buftaim, S/o. Habeeb Saleh, Burtaim, R/o. H.No. 8-33/1, Shaheen Nagar, Saroornagar Mandal,Ranga Reddy District.

..... PETITIONER(S)

AND

1 The Commissioner, Greater Hyderabad Municipal Corporation,Hyderabad.

2 The Deputy Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad. Rajendernagar Circle.

3 Deeksha Educational Society, Rep. by Secretary, Smt. P. Padma Sheela Chandra Mohan, 6-2-13, Shivarampally, N.P.A (Post), Ranga Reddy District..Pin 500 052.

.....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 issue an appropriate Writ, Order or Direction, more particularlyin the nature of Writ of Mandamus, declaring the inaction of therespondent No.1 and 2 in not demolition of the illegal and unauthorizedconstruction of compound by respondent No.3 without having anypermission or sanction from the respondent No.1 and 2, as illegal,arbitrary, unconstitutional consequently direct the respondent No.1 and 2to take necessary steps for demolition of the unauthorized compound wallof the respondent No.3 and to grant such other relief or reliefs.

Counsel for the Petitioner:MR.K.HARISH KUMAR

Counsel for the Respondent No.: SMT.KALPANA EKBOTE

The Court made the following :

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ORDER

According to the petitioners, they are the GPA holders of theproperty in question and when the third parties are encroaching intothe said land and removing the compound wall, the same was broughtto the notice of the unofficial respondent. But, no action has beeninitiated. Hence, the petitioners approached this Court and filed thepresent writ petition complaining the inaction on the part ofrespondents 1 and 2.

As this Court is of the view that this writ petition can bedisposed of at the admission stage itself, without issuing any noticeto the unofficial respondent, the usual notice to the 3[rd] respondent isdispensed with.

Heard the learned counsel for the petitioner and the learnedStanding Counsel for Greater Hyderabad Municipal Corporaiton.

As the petitioners have made a complaint stating that theyare the GPA holders and some third parties, particularly the 3[rd]respondent is making constructions without any right whatsoever, aduty is cast upon the authorities to cause a detailed enquiry into thesaid allegations made in the complaint dated 12.2.2007.

Accordingly, this writ petition is disposed of, with a directionto the 2[nd] respondent to cause a detailed enquiry into the allegationsmade in the complaint dated 12.2.2007 given by the petitioners. However, since the usual notice to the unofficial respondent No.3 isdispensed with, the official respondents are hereby directed to put the3[rd] respondent on notice before holding any enquiry. This entireexercise shall be completed within a period of eight weeks from thedate of receipt of a copy of this order. Till such exercise iscompleted, the 3[rd] respondent shall not proceed with any further construction.

Accordingly, the writ petition is disposed of. No costs.

Note: Issue CC by one week.(B.O) rkk

__________

24-12-2008

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