IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT HON'BLE Mr. JUSTICE R.SUBHASH REDDY WRIT PETITION No.18757 of 1998 Between: 1 Dr. SYED KHUSRO ADIL HASHMI, S/o. Syed Shariful Hasan Hashmi, R/o. Nizamabad. 2 SYED AKHTAR ADIL HASHMI, S/o. Syed Shariful Hasan Hashmi, R/o. Nizamabad. 3 SYEDA KHURSHEED ANWARI BEGUM, W/o. Syed Shariful Hasan Hashmi, R/o. Nizamabad. 4 SYED UZMA JABEEN (Minor), D/o. Syed Shariful Hasan Hashmi, R/o. Nizamabad. 5 HAJRA TAZEEN (Minor), S/o. Syed Khusro Adil Hashmi, R/o. Nizamabad. ... PETITIONERS AND 1 Municipal Council of Nizamabad, rep. by its Commissioner 2 The Chairman Municipal Council, Nizamabad. ... RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an order or a direction or a Writ of Mandamus, directing the respondents 1 and 2 herein to act according to law by declaring the impugned Notice Rc.No.D1/8939/97 dt. 13.5.1997, as null and void as the same deserved to be quashed since the Respondents in whom there is total absence of jurisdiction to demolish the structures belonging to the Petitioners, namely H.Nos.5-6-510, 5-6-510/2, 5-6-510/3, 5-6-510/A, 5-6-510/A1, 5-6-510/A2, 5-6-510/A3, 5-6-510/3, & 4/G, 5-6-510/3 & 4/H, and 5-6-510/3 & 4/I situated at Saraswathi Nagar (Khaleelwadi) Nizamabad for laying a proposed 30' wide by-pass road linking it with 100, Hyderabad road to 60' wide Kanteshwar (J.J. Reddy Hospital Road) and as a consequence grant an order of perpetual injunctions against the respondents in this regard. Counsel for petitioners: Mr. Mirza Nisar Ahmed Baig Counsel for respondents: G.P., Municipal Admn. & Urban Development The court made the following Order: This writ petition is filed challenging the validity of the notice dated 13- 05-1997 issued in proceedings Rc.No.D1/8939/97 and to declare the action of the respondents in taking steps for demolition of structures belonging to the petitioners bearing H.Nos.5-6-510/1, 5-6-510/A2, 5-6-510/A3, 5-6-510/3 & 4/G, 5-6-510/3 & 4/H and 5-6-510/3 and 4/I, situated at Saraswathi Nagar (Khaleelwadi) Nizamabad as illegal and arbitrary. 2. The Commissioner, Nizamabad Municipality, has issued the aforesaid impugned notice in exercise of powers under Section 192 of the Andhra Pradesh Municipalities Act, 1965 alleging that petitioners have encroached upon 30 feet wide road, covered by approved layout plan No.62/81. Petitioners have approached this court earlier and challenged the validity of the notice in W.P.No.11374 of 1997. In the said writ petition, it was the case of the petitioners that structures raised by them were not within the road portion and without supplying a copy of the master plan of Nizamabad town and layout plan No.62/81, respondents were taking action for demolition. This court, by order dated 15-10-1997, disposed of the said writ petition, with a direction to the respondents to furnish the documents requested by the petitioners on filing a fresh application within a period of one week. Petitioners were also permitted to submit explanation within a period of two weeks from the date of furnishing of the documents sought by them. This court further directed the Municipality to consider the explanation which was to be filed by the petitioners and pass appropriate orders. After disposal of the said writ petition, petitioners have applied for copies of documents referred above and thereafter they were addressed to pay necessary charges for supplying of such copies and after payment of necessary charges, certified copies of the documents were furnished to them. In spite of furnishing of the documents requested by the petitioners, they did not file any reply in spite of several notices issued by the respondents, but again approached this court by filing the present writ petition. 3. It is submitted by learned counsel for petitioners that structures raised by them are in their own land and without acquiring the same under the provisions of the Land Acquisition Act, 1894; they cannot be termed as encroachers so as to evict them by issuing notice in exercise of powers under Section 192 of the Andhra Pradesh Municipalities Act, 1965. 4. In this case, it is to be noted that in the earlier writ petition also the petitioners have questioned the validity of the very same notice and this court, while directing the respondents to furnish certain documents requested by the petitioners, permitted the petitioners to file explanation with a further direction to the Municipality to pass orders by considering such explanation. In spite of the fact that the documents were furnished to the petitioners, as requested by them, on 24-03-1998, i.e. after paying necessary charges, they have not chosen to file any explanation within the timeframe and approached this court. When the order of this court dated 15-10-1997 passed in W.P.No.11374 of 1997 has become final, it is not open to the petitioners to question the very same notice without filing explanation as per the directions issued by this court in the earlier writ petition. As much as the petitioners have already questioned the very same notice in the earlier round of litigation, without complying the directions issued by this court, by not filing explanation as permitted, they cannot question the validity of the notice dated 15-10-1997 once again. On this short ground, the writ petition is liable to be dismissed. 5. For the aforesaid reasons, the writ petition is dismissed. It is open to the respondents to take steps in accordance with law. No order as to costs. _____________________ R. SUBHASH REDDY, J. June 4, 2009 MRR ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{ANURADHA}