THE HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.35060 of 2015

ORDER:

This writ petition is filed to declare the inaction of the respondent Nos.1 and 2, in not considering the representation of the petitioner dated 26.09.2015 with regard to the illegal construction being made by the 3rd respondent at premises bearing No.16-3-548/1, situated at Chanchalguda, Hyderabad, as illegal and arbitrary.

2. Heard Sri M.V. Suryanarayana, learned counsel representing Sri M.V.S. Suresh Kumar, learned counsel for the petitioner on record and Sri Raparthi Venkatesh, learned Standing counsel for respondent Nos.1 and 2.

3. Learned counsel for the petitioner represented that petitioner is the absolute owner and possessor of house bearing No.16-3-547/1, situated at Chanchalguda, Hyderabad and respondent No.3 is the owner of house bearing No.16-3-548/1, situated at Chanchalguda, Hyderabad and there is a common passage in between both the houses and that respondent No.3 commenced construction by encroaching onto common passage; that petitioner was constrained to file a suit vide O.S.No.2159 of 2010 on the file of II Junior Civil Judge, City Civil Court, Hyderabad for injunction and the sa