Mohd Abdullah Khan v. The State Of Telangana And 6 Others

HONOURABLE SRI JUSTICE P.NAVEEN RAO Between:

Mohd. Abdullah Khan s/o. late Mohd Baquar Khan, Aged about 59 years, occu: Business, r/o.16-2-838, Baquar Bagh, Saidabad, Hyderabad.

.....Petitioner and The State of Telangana, rep.by its Prl.Secretary, Home Department, Secretariat, Hyderabad and others.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

This Writ Petition is filed praying to grant the following relief: "to issue a WRIT OF MANDAMUS or any other appropriate writ order declaring the action of the official respondents in not taking any action against the unofficial respondents for unauthorized construction in the property of the Petitioner on the alleged Plot No.143, Khaja Bagh Colony, Saidabad, considering the petitioner representation dated 20.03.2019 and 28.03.2019 and direct the official respondents to stop the illegal and unauthorized construction being made in the plot No.

143, Khaja Bagh, Saidabad, Hyderabad, as illegal arbitrary and in Violation of Articles 14 and 21 of the Constitution of India, besides in violation of natural justice, consequently direct the official respondents to demolish the structure made over by the unofficial respondents on the alleged Plot No.143, Khaja Bagh, Saidabad Hyderabad, considering the Petitioner's representation dated 20/03/2019 and 28/03/2019 and direct the official respondents to stop the illegal and unauthorized construction being made by the unofficial respondents over the alleged Plot No.143, Khaja Bagh, Saidabad, Hyderabad and to pass ..."

2.

In this writ petition, petitioner alleges that illegal construction is being made by the unofficial respondents in Sy.Nos.182, 183/1 and 142 of Khaja Bagh, Saidabad, Hyderabad. Alleging inaction on the representation submitted by the petitioner dated 28.03.2019, and that unofficial respondents are undertaking construction activity, this writ petition is filed. 3.

During the course of hearing, Court is informed that petitioner earlier filed W.P.No.7739 of 2019 praying to grant identical prayer. When the said writ petition came up for consideration, leave was sought to withdraw the writ petition with liberty to approach Civil Court for appropriate relief. Granting

such liberty, said writ petition was dismissed as withdrawn. Petitioner having filed the writ petition earlier praying to grant appropriate relief as in the present writ petition and having withdrawn the writ petition with liberty to avail appropriate remedy in civil Court, it is not permissible for petitioner to institute another writ petition. Writ petition is accordingly dismissed. Pending miscellaneous petitions shall stand closed. ___________________________ JUSTICE P.NAVEEN RAO kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO kkm