Zakir Ali, v. The State Of Telangana

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 11489 OF 2017 O R D E R :

The Writ Petition is filed challenging the inaction on the part of the respondents on the representation dated 22.03.2017 of the petitioner.

The petitioner claims to have inherited the house and land bearing Municipal No. 18-7-326, Talabkatta, Mirjumla, Hyderabad, in an extent of 400 square yards. While so, the 6th respondent, who is none other than the uncle of the petitioner, started making illegal constructions therein. The petitioner complained the same to the 5th respondent Corporation through the representation dated 22.03.2017, but so far, no action has been taken thereon. Heard learned counsel for the petitioner and Sri Pasham Krishna Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corporation.

While the petitioner is claiming right over the subject land, the averments in the writ affidavit disclose that the third parties are in possession of the same and has been making constructions therein. The petitioner seeks a writ of mandamus to consider the representation dated 22.03.2017 to stop the illegal constructions that are being made by the 6th respondent in the land owned and possessed by the petitioner. In other words, what the petitioner seeks in the Writ Petition is in the nature of a mandatory injunction against the 6th respondent. The omnibus relief of this nature cannot be granted in the Writ Petition. In those circumstances, the Writ Petition does not deserve any consideration and accordingly, the same is dismissed leaving it

open to the petitioner to work out the remedies in accordance with the law in a court of civil jurisdiction.

With the above observations, the Writ Petition is dismissed. No costs.

Consequently, the miscellaneous Applications, if any shall stand closed.

___________________________ CHALLA KODANDA RAM,J 4th April 2017 ksld