Smt Reeta Bhasker, W/O Sri S.N. Bhasker, v. The Greater Hyderabad Municipal

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.594 OF 2015

O R D E R

This writ petition is filed for a writ of mandamus declaring the inaction of the respondents in taking action against the against the Raghavendra Nagar Housing Society for unauthorisedly raising walls on internal road Nos.2, 4 and 6 situated under Bumruknodowla Village, Rajendr Nagar Mandal, Ranga Reddy District as illegal and arbitrary. The case of the petitioner is that she is the owner and possessor of the plot admeasuring sq.yards, situated at Sy.No.50/3E, Bumruknodowla Village, Rajendr Nagar Mandal, Ranga Reddy District.

It is also submitted that there is a residential colony under the name Raghavendra Nagar Cooperative Housing Society adjacent to her land and that the office bearers of the said society have illegally raised walls on sub-roads 2,4 and 6 of the society, thereby denying the sole connectivity to her plot through the said society. The petitioner gave an application to the 2nd respondent under Right to Information Act, 2005, requesting to furnish information regarding the right of the society to raise walls. In pursuance to the same, the 2nd respondent issued reply on 25.07.2013, informing that the walls raised by the said society are unauthorised. The allegation of the petitioner is that in spite of several representations made by her, the respondent No.

2 failed to take any action against the unauthorised construction raised by the said society. Once again petitioner made a representation dated 07.01.2015, to the 1st respondent requesting to take action against the unauthorised construction of the walls as per law. But no action has been taken so far by the respondents. Aggrieved by the same, the present writ petition is filed.

Heard the learned counsel for the petitioner. Learned Standing Counsel for respondent-Corporation submits that in pursuance of the representation given by the petitioner, action has been

initiated and also notice has been issued for removal of the unauthorised construction.

Meanwhile, the effected parties filed the suit in O.S.No.182/2014 and obtained status-quo order in I.A.No.722/2014. In view of the said order, the respondents are unable to take action. In view of the above, writ petition is closed. However, petitioner is at liberty to implead herself in the suit and get the status-quo order vacated. Thereafter, the respondents shall take appropriate action. As a sequel, miscellaneous petitions pending if any, shall stand closed.

_________________________ A.RAJASHEKER REDDY,J Date: 28.01.2015 dv