Telangana High Court
WP/28594/2009 of Kishan Rao Konda Vs The Commissioner , GHMC., Tank bund Road on 31 December 2009
MR JUSTICE L. NARASIMHA REDDY Writ Petition No.28594 of 2009 ORDER: The petitioner and his wife claim to have purchased an extent of 2300 square yards of land in survey No.19 of Perqancheru Village, Rajendrenagar Mandal, Ranga Reddy District, during the year 2005. Respondents 4 to 6 are
THE HON’BLE MR JUSTICE L. NARASIMHA REDDYWrit Petition No.28594 of 2009
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ORDER:
The petitioner and his wife claim to have purchased an extent of2300 square yards of land in survey No.19 of Perqancheru Village,Rajendrenagar Mandal, Ranga Reddy District, during the year 2005. Respondents 4 to 6 are said to be the owners of the land in theimmediate neighbourhood of the plot purchased by the petitioner. Thegrievance of the petitioner is that, though respondents 4 to 7 areconstructing a marriage hall in their property without permission and incontravention of the relevant bye-laws, respondents 1 to 3 have nottaken any action.
He submitted a representation, dated 14.09.2009, before respondents 1 to 3, and his complaint is that, no action has been taken thereon.
Heard learned counsel for the petitioner and learned StandingCounsel for respondents 1 to 3.
The petitioner does not claim any rights, vis-à-vis the landowned by respondents 4 to 7. His grievance is mostly about the natureof construction being undertaken by them. A perusal of the complaintsubmitted by the petitioner discloses that, respondents 4 to 7 are saidto have rested the structure on the wall constructed by him. Therespective rights of the parties, as regards such complaints, can beeffectively decided only by a Civil Court. It is stated that the petitionerhas already filed O.S.No.1770 of 2009 in the Court of Principal SeniorCivil Judge, Ranga Reddy District, for the relief of mandatoryinjunction. Any observations made in other proceedings, would havetheir own impact upon the pending suit.
Hence, the Writ Petition is disposed of, leaving it open to thepetitioner to work out his remedies in the pending suit. There shall beno order as to costs.
Dt.31-12-2009.
GJ
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L. NARASIMHA REDDY, J.