HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 32144 OF 2010 DATED 1st December, 2014.
BETWEEN Sri N. Madhusudhan Reddy ….Petitioner And The Dy.Municipal Commissioner, Rajendra Nagar Circle.VI Rajendra Nagar, R.R.District and ors.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 32144 of 2010
ORDER:
Heard learned counsel for the petitioner, learned Standing counsel for the first respondent and learned Counsel for the second respondent.
This Writ Petition was filed challenging inaction on the part of the first respondent in taking action against the second respondent for the illegal encroachment and unauthorized construction of compound wall in the petitioner’s land in Sy.Nos.103/18 and 103/19 of Mailardevpally village, Rajendra Nagar Mandal, Ranga Reddy District.
The learned Counsel for the petitioner states that the petitioner submitted a representation on 05.10.2010 to the first respondent and the first respondent did not take any action on the said representation.
The learned Counsel for the second respondent submits that for the self same relief, the petitioner filed suit in O.S.No.663 of 2010 before the learned XX Junior Civil Judge, City Civil Court, Hyderabad and the same was dismissed by judgment and decree dated 20.02.2014. However, learned Counsel for the petitioner submits that against the said judgment and decree, an appeal was preferred and the same is pending adjudication.
Needless to state that this Court will not decide the title of the parties. The grievance of the petitioner in the present Writ Petition is that he submitted a representation on 05.10.2010 to the first respondent against the unauthorized constructions made by the second respondent and the first respondent did not take any action on the said representation.
The first respondent has not filed any counter affidavit so far.
In those circumstances, the Writ Petition is disposed of directing the first respondent to consider the representation of the petitioner dated 05.10.2010 and take necessary action in accordance with law within a period of three months from the date of receipt of a copy of this order.
Subject to the above direction, the Writ Petition is disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 1st December, 2014. Msnrx