MUZAMMIL ALI KHAN Vs. COMMISSIONER

JUDGEMENT

(1.) This writ petition is filed with the following prayers:-

(2.) Subsequent to filing of the writ petition, by way of I.A. No. 2 of 2020, the petitioner got impleaded the owners of the property in question as respondent Nos. 4 to 8.

(3.) It is the case of the petitioner that the ingress and egress to his residential house is through the road abutting from the house bearing No. 2-3-744/A, owned by respondent Nos. 4 to 8. The respondent Nos. 4 to 8, in the process of constructing a new house by demolishing the old house, have started making unauthorized and illegal constructions encroaching the public road, thereby affecting easementary rights of the petitioner. The learned counsel for the petitioner contends that pursuant to the complaint of the petitioner, the official respondents had issued a show-cause notice under Sections 452(1) & 461(1) of HMC Act, 1955 on 17.07.2019 followed by second notice under Section 452(2) of the Act on 06.08.2019. However, having not satisfied with the reply of the unofficial respondents, the official respondents had issued another notice under Section 636(1) of the Act on 26.08.2019 directing them to remove the unauthorized constructions. Immediately, the unofficial respondents had filed a suit in O.S. No. 1972 of 2019 on the file of VI Junior Civil Judge, City Civil Court, Hyderabad and successfully dragged the matter. However, I.A. No. 1962 of 2019 filed therein, seeking interim injunction, was dismissed on 07.09.2019. Although the petitioner had made a representation to the official respondents on 28.11.2019 intimating them about the dismissal of the said I.A., so far, no action has been taken against the illegal constructions being made by respondent Nos. 4 to 8.