Mrs Noor Jahan v. The Greater Hyderabad Municipal Corporation,

THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION No.20112 OF 2016 ORDER:

Heard learned counsel appearing for both parties. With the consent of counsel appearing for both parties, the present Writ Petition is disposed of at the admission stage.

2. Since this Court is not going into the merits of the case, issuing notice to respondents 4 to 6 may not be necessary.

3. The present Writ Petition came to be filed with the following direction:

"to issue writ, order or direction one in the nature of writ of Mandamus declaring the inaction of the 1st and 2nd respondent in not initiating action in consideration with petitioner's Complaint, dt:13.06.2016 and 15.06.2016, against 4th to 6th respondent and also declare the action of 4th to 6th respondent opening doors and windows towards easternside open space of petitioner's property bearing H.No.22-3-947/2, Purani Haveli, Hyderabad as illegal and arbitrary and contrary to law, and violation of fundamental rights and consequently direct the 1st and 2nd respondents herein to demolish the illegal construction of four floors carried out by 4th to 6th respondent at House bearing H.No.22-3-947/E/1, situated at inside Prani Heveli, Hyderabad., and also direct the 4th to 6th respondent to close the door and windows opened by them towards open space on eastern side of petitioner's owned property."

4. Though various grounds raised in the Writ Petition, learned counsel for the petitioner restricts his prayer seeking a direction to respondents 1 and 2 to take action on the complaint, dated 13.06.2016, submitted by the petitioner with regard to illegal construction carried out by one Mr.Sajid in the property bearing H.No.22-3-947/E/1, situated at Purani Heveli, Hyderabad. However,

learned Standing Counsel submits that if any such complaint is pending, the same shall be dealt with in accordance with law.

5. Having regard to the above and without going into the merits of the case, the Writ Petition is disposed of directing the authorities concerned to take action on the complaint, dated 13.06.2016, submitted by the petitioner with regard to illegal constructions said to have been made by one Mr.Sajid in the property bearing H.No.22-3947/E/1, situated at Purani Heveli, Hyderabad, in accordance with law, after hearing the petitioner and unofficial respondents, at the earliest. Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. _______________________________ JUSTICE C. PRAVEEN KUMAR Date:22.06.2016 YVL