MOHD ABDUL MUQEETH Vs. COMMISSIONER

JUDGEMENT

(1.) This writ petition is filed, seeking directions by way of Mandamus, declaring the action of respondents 1 and 2 in not considering the representation of petitioner to take action against the 3rd respondent, as illegal and arbitrary. The petitioner claims that he is the owner of the house bearing No. 10-2-347/B/ 51/A, constructed in an area of 82 square yards situated at Asifnagar, Hyderabad. It is stated that the said property is purchased by way of registered sale deed bearing document No. 2970/2008, dated 08.07.2008, from Mrs. Yasmeen Hussain wife of Mohd. Abdul Razzak, represented by respondent No. 3 herein, who is none other than her father.

(2.) In this writ petition, it is the grievance of the petitioner that between the house of petitioner and respondent No. 3, there is a common passage, on which, the 3rd respondent has constructed a ramp. It is stated that such construction is contrary to the understanding between the petitioner and the 3rd respondent and inspite of bringing it to the notice of respondents 1 and 2 by representation dated 07.01.2009, no action is being taken.

(3.) In the counter affidavit filed on behalf of respondents 1 and 2, while denying the allegations of petitioner, it is stated that there is no ramp on the common passage. It is stated that the 3rd respondent has constructed a roof over the common passage without obtaining permission from respondents 1 and 2, and subsequently, on the application of 3rd respondent, the said constructions, including the alleged roof over the common passage, were regularized under BPS scheme, vide proceedings No. BPS/48702/C7/ CZ/08, dated 05.07.2010.