THE HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.14997 of 2006 Dated: 05-09-2014 Between:
Mirza Mohd.Mehmood Baig (died per L.R’s) .. Petitioner And The Commissioner, Municipal Corporation of Hyderabad and others .. Respondents THE HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.14997 OF 2006 O R D E R:
Heard learned counsel for the petitioner and learned Standing Counsel for respondent Nos.1 to 3.
2. The case of the petitioner (died and L.Rs brought on record) is that his father late Mirza Jaffar Baig owns and possesses the property bearing Municipal Nos.9-8-220/1 to 9-8-220/9 and constructed houses on 1000 square yards along with adjoining open land bearing Survey No.229 to an extent of Ac.1.20 guntas (Total extent of Ac.1.28 guntas) and the said land is situated at Qilla Md. Nagar, Bada Bazar, Golconda Mandal, Hyderabad District. The entire open land and the residential house is surrounded by a compound wall. His father left three (03) sons and one daughter. The petitioner filed a suit for partition and separate possession in O.S.No.1397 of 1996 on the file of the II Senior Civil Judge, City Civil Court, Hyderabad and the same was dismissed by the judgment and decree dated 27.12.2005 against which C.C.C.A.No.69 of 2006 was filed before this Court and the same is pending. This Court in C.C.C.A.M.P.No. 196 of 2006, passed an order dated 18.04.2006 stating that any construction made shall be subject to the result of the main appeal and the learned counsel for the petitioner submits that the said application relates to the existing buildings. However, respondent Nos.5 to 10 entered and constructed buildings without obtaining any permission from the Municipal Corporation of Hyderabad and they obtained house Nos. 9-8-220/1 to 9-8-220/9 and were paying taxes also. On that ground, the petitioner submitted a representation on 02.06.2006 followed by another representation on 07.06.2006 to take action on respondents against illegal and unauthorized construction made by respondent Nos.5 to 10 in the land of an extent of Acs.1.20 guntas in Survey No.229 of Qilla Mohd. Nagar, Bada Bazar, Golconda Mandal, Hyderabad District. When no action was taken on the said representations, the present writ petition was filed.
3. A counter affidavit is filed by respondent No.3 stating that the said land is a Government land and is situated inside the Golconda Fort and the same is under the control of the Mandal Revenue Officer, Golconda and it is the Mandal Revenue Officer who has to take action. There was a proposal to remove the unauthorised constructions made in the Government land and as the same is adjacent to the ancient monument, there is a proposal to relocate all the persons to some other place by removing the existing structure and as soon as the proposal is finalized, the respondent corporation will take immediate action. It was also stated that the respondent would not permit anyone to make further constructions in the area and the said land is a Government land.
4. Learned counsel for the petitioner submits that whether the said land is a private land or not is the subject matter of dispute in C.C.C.A.No.69 of 2006 and respondent Nos.5 to 10 made unauthorised construction even after filing of the above appeal. So, this Court granted an interim direction in the present writ petition directing respondent Nos.1 to 3 to take necessary action to stop further construction in the open land by an order dated 29.09.2006. Respondent Nos.5 to 10 continued with the construction and completed the same.
5. In the above circumstances, the writ petition is disposed of directing respondent Nos.1 to 3 to consider the representations of the petitioner dated 02.06.2006 and 07.06.2006 and inspect the area whether buildings bearing Nos.9-8-220/1 and 9-8-220/9 are situated within the jurisdiction of the Greater Hyderabad Municipal Corporation and if they are found unauthorised, necessary action may be taken under the provisions of the Greater Hyderabad Municipal Corporation Act, after issuing notice to the concerned persons, including the petitioner, within a period of three (03) months from the date of receipt of a copy of this order. No costs.
6. Consequently, miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
A.RAMALINGESWARA RAO, J Date: 05-09-2014 vhb