JAAN MOHAMMED @ SHAHIN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner, who is a victim of an illegal construction being raised by respondent Nos.5 and 6, filed this writ petition for a mandamus to declare the inaction of respondent Nos.2 to 4 in taking action against such illegal construction, despite his representations dt.28.8.2015, 01.9.2015 and 04.9.2015, as illegal.

(2.) The petitioner has pleaded that he succeeded to the property bearing House No.5 -3 -1041, Shanker Bagh, Nizamshahi Road, Hyderabad, from his ancestors and that he has been carrying on his business in the ground floor and residing in the upper floors since more than thirty years. He has further pleaded that respondent Nos.5 and 6 have been proceeding with an illegal and unauthorized construction of a multistoried complex in the premises bearing Nos.5 -3 -1002 & 1003, Nizamshahi Road, Hyderabad, abutting the building, called 'Kesari building', that for approaching his house, the petitioner has to cross the property of respondent Nos.5 and 6, who have encroached the footpath and public road without following the zonal regulations and that as he is facing inconvenience on account of the afore -mentioned illegal construction of respondent Nos.5 and 6, he made representations to respondent Nos.2 to 4 on 28.8.2015, 01.9.2015 and 04.9.2015, but the said respondents failed to take any action.

(3.) On 28.10.2015 the case came up for admission and at the request of the learned Standing Counsel for the Greater Hyderabad Municipal Corporation (for short, 'the Corporation'), the case was adjourned to 03.11.2015. On 03.11.2015, this Court passed the following order: