Hamood Bin Hamza Al Jabri v. Greater Hyderabad Municipal Corporation

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.39225 OF 2018 ORDER:

Heard learned counsel for the petitioner and learned Standing Counsel for GHMC.

2.

The present writ petition came to be filed seeking issuance of writ of Mandamus declaring the action of the respondents in not taking any action on the complaints/representations dated 10.04.2018 and 26.10.2018, made by the petitioner bringing to the notice of the authorities the illegal and unauthorized constructions being carried out in the land admeasuring 2662 square yards in Survey No.57, situated at Shivarampally, Katedhan village, Rajendranagar mandal, R.R.District, as illegal and arbitrary. 3.

At the time when the matter is taken up for hearing, learned Standing Counsel for GHMC would submit that earlier the petitioner filed W.P.No.35869 of 2018 seeking a direction to the respondents to consider the representation dated 10.04.2018. In the said case, one Mohd.Allauddin was shown as unofficial respondent. 4.

By order dated 04.10.2018, this Court directed respondent Nos.1 to 3 to verify the representation dated 10.04.2018 and take action in accordance with law. The present writ petition came to be filed seeking the very same direction, basing on the very same representation, in respect of the very same property. 5.

Learned counsel for the petitioner submits that since the unofficial respondent in the earlier writ petition sold the property to the unofficial respondent herein, the present writ petition came to be filed.

6.

It is to be noted that the contents of the representation dated 10.04.2018, in both the writ petitions and the contents of the representation dated 26.10.2018 are one and the same. If the respondents have not complied with the directions issued by this Court in the earlier writ petition, remedy lies elsewhere, but definitely not by way of another writ petition seeking the very same relief and also a direction, basing on the very same representation complaining about the illegal constructions made in the said premises. 7.

Hence, I see no grounds to entertain the writ petition. 8.

Accordingly, the writ petition is dismissed giving liberty to the petitioner to avail the remedies available under law, if any. 9.

Miscellaneous petitions, pending if any, shall stand closed in the light of this final order.

_________________________ C. PRAVEEN KUMAR,J Date:13.11.2018.

vhb

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.39225 OF 2018 Date:13.11.2018 vhb