IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE FOURTEENTH DAY OF FEBRUARY, TWO THOUSAND EIGHT ONLY WRIT PETITION No.10314 of 2006 Between: Md.Khasim and another.. … Petitioners AND The Municipal Corporation of Hyderabad, Tankbund road, Hyderabad, rep., by its Commissioner. … Respondent. Counsel for the petitioners: Mrs.V.Preeti Reddy. Counsel for the respondents: THE HON’BLE MR.JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.10314 OF 2006 ORDER:- This Writ Petition is filed for a Writ of Mandamus to direct the respondents to refrain from constructing public toilets on the land belonging to the petitioners over an extent of Ac.11.08 guntas in Survey No.127/1/D (Old Survey Nos.58 and 58/13) situated between Ryot Bazar and Yerragedda Mental Hospital. In the affidavit filed in support of the Writ Petition, the petitioners averred that their title to the above mentioned extent was confirmed with the issue of pattadar pass books by the Mandal Revenue Officer, Ameerpet Mandal, Hyderabad, on 31-3-2004 and that suddenly the officials of respondent-Corporation came to the said land and started illegal construction of public toilets. This Court on 24-5-2006 granted interim direction to the respondent not to construct public toilets on the property belonging to the petitioners. No counter-affidavit has since been filed on behalf of the respondent-Corporation. Heard Smt. V.Preeti Reddy, learned counsel for the petitioners and Sri N.Kodanda Rama Rao, learned counsel, representing the learned Standing Counsel for GHMC. In the absence of any counter-affidavit filed by the respondent controverting the claim of the petitioner that the land in dispute belongs to the petitioners, the respondent-Corporation cannot utilize any part thereof for constructing public toilets without resorting to the provisions of Sections 146 and 147 of the Hyderabad Municipal Corporation Act, 1955, as the case may be. Learned Standing Counsel for the Corporation, however, pointed out the averment contained in the affidavit filed in support of WPMP No.19710 of 2006 and stated that the petitioners varied their version by stating that the Corporation is raising constructions in the adjacent property of the petitioners. In the light of the above submissions, the Writ Petition is disposed of. The respondent-Corporation or its officers and subordinates shall not raise any constructions on the land of the petitioners without initiating proceedings under Section 146 or 147 of the Act. However, if the respondent is constructing toilets on the land adjacent to the petitioners’ land, the petitioners cannot have any legitimate objection. Subject to the above observations, the Writ Petition is disposed of. ------------------------------------ C.V.NAGARJUNA REDDY,J 14-2-2008 MNR