IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF APRIL TWO THOUSAND AND FIVE PRESENT THE HON'BLE THE ACTING CHIEF JUSTICE SRI BILAL NAZKI and THE HON'BLE Dr. JUSTICE G.YETHIRAJULU WRIT PETITION No. 21618 of 2004 Between: 1. L. Samba Shiva Rao, s/o L. Prakash Rao, R/o Plot No. 1030A, Road No.51, Jubilee Hills, Hyderabad - 33. 2. K.S. Ravi Kumar, S/o K.S. Mohan Rao, R/o Plot No. 1041, Road No.52, Jubilee Hills, Hyderabad - 33. 3. P. Ramamoorthy, s/o Late P. Ramakrishna Iyer, R/o Plot No. 1036, Road No.51, Jubilee Hills, Hyderabad - 33. 4. P. Krishna Reddy, S/o Pattabhi Ram Reddy, R/o Plot No. 1040, Road No.51, Jubilee Hills, Hyderabad - 33. ..... PETITIONERS AND 1. The Government of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration, Secretariat, Hyderabad. 2. The Municipal Corporation of Hyderabad, represented by its Commissioner, Tank Bund, Hyderabad. 3. The Commissioner of Police, Hyderabad City, Basheerbagh, Hyderabad. 4. The Station House Officer, Jubilee Hills Police Station, Jubilee Hills, Hyderabad. 5. HUDA Enclave Owners Welfare Association rep. by its Convenor Sri. B. Lokanath Plot No.2, HUDA Enclave, Road No. 70, Jubilee Hils, Hyderabad 6. Aswini Heights Flat Owners Association rep. by its Secretary G. Yoganand, Flat No.18,Aswini Layout, Road No. 70, Jubilee Hils, Hyderabad. 7. C. Sadananda Reddy Flat No. 17, Huda Enclave, Jubilee Hills,Hyderabad 8. D. Praveen Kumar S/o. D. Narasimha Rao Flat No. 26, Huda Enclave, Jubilee Hills,Hyderabad 9. A.S. Siddique S/o. late Kursheed Yousuf Flat No. 26, Huda Enclave, Jubilee Hills,Hyderabad (RR 5to9 are impleaded as per court order dt. 24-1-2005 in WPMP 555/05) 10. HUDA rep. by Secretary, Hyderabad (R10 is impleaded as per court order dt. 24-1-2005) .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, or order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents in not taking steps to protect the green belt at the dead end of the road No. 51 Jubilee Hills and to stop the heavy transport trucks from entering into Road No. 51 from its dead end in the Western side and failure to prevent dumping of the boulders as unconstitutional and contrary to the provisions of the Hyderabad Municipal Corporation Act 1955 and consequently direct the respondents to remove the boulders dumped in roads in Road Nos. 51, 47, 46, 45 and 52 and pavements of these roads in Jubilee Hills area while initiating prosecution against the persons responsible for this dumping of the boulders upon the roads in the said area. Counsel for the Petitioner: Mr.K.S.MURTHY Counsel for Respondent No.1:G.P. for Municipal Administration and Urban Development. Counsel for Respondent No.2: Ms. Jyothi Kiran SC for M.C.H. Counsel for Respondent Nos. 3&4: G.P. for Home. Counsel for Respondents Nos. 5 to 9: Mr. V.Ajay Kumar WRIT PETITION NO : 435 of 2005 Between: 1. Huda Enclave Owners Welfare Association, represented by its Convener Sri B.Lokanath, Plot No. 2, Huda Enclave, Road No. 70, Jubilee Hills, Hyderabad. 2. Aswini Heights Flat Owners Association represented by its Secretary G.Yoganand, Flat No.18,Aswini Lay-out, Road No. 70, Jubilee Hills, Hyderabad. 3. C.Sadananda Reddy S/o.Late Dr.C.R.Reddy Flat No.16,Huda Enclave, Jubilee Hills, Hyderabad. 4. D.Praveen Kumar S/o.D.Narasimha Rao Flat No.26,Huda Enclave, Jubilee Hills, Hyderabad. 5. A.S.Siddique S/o.late Kursheed Yousuf Flat No.26,Huda Enclave, Jubilee Hills, Hyderabad. ..... PETITIONERS AND 1. The Principal Secretary Govt of A.P. Municipal Administration Secretariat, Hyderabad. 2. The Municipal Corporation of Hyderabad, represented by its Commissioner, Tank Bund, Hyderabad. 3. The Hyderabad Uran Development Authority rep by its Vice Chairman & Managing Director, Police Lines, Rasoolpura, Secunderabad 500 003. 4. The Inspector of Police Jubilee Hills Police Station Hyderabad. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, Order or direction more particularly in the nature of a Writ of Mandamus by declaring the action of the respondents in not taking steps for removing the Girdars (iron cross bars) on the road coming from journalists colony and on Road No.72 of Prasasan Nagar joining the HUDA Enclave and Aswini Heights and other colonies wherein the petitioners are residing as illegal, arbitrary and violative of the provisions of Hyderabad Municipal Corporation Act, 1955 and consequently direct the respondents to remove the Girdars (iron cross bars) on the roads coming from journalists colony and Prasasan Nagar and joining and connecting the roads of Huda Enclave and Aswini Heights and to pass such other order or orders. Counsel for the Petitioners: MR.V.AJAYAKUMAR Counsel for the Respondent No.1: G.P. for Municipal Administration and Urban Development. Counsel for Respondent No.2: Ms. Jyothi Kiran SC for MCH. Counsel for Respondent No.3: Mr.B.Viswanatha Reddy Counsel for Respondent No.4: G.P. for Home. The Court made the following : ORAL COMMON ORDER: (per Sri Bilal Nazki, Honourable the Acting Chief Justice) These two Writ Petitions are being disposed of by common order. One of the writ petitions has been filed to give a direction that it should be ensured that the truck operators do not dump stones and boulders on the main roads, whereas the other Writ Petition has been filed to remove the permanent girders on some roads. After hearing the learned counsel for parties and also going through the pleadings, we are of the view that these writ petitions can be disposed of with the direction that let the matter be considered by the Commissioner, Municipal Corporation of Hyderabad and the Commissioner of Police, Hyderabad City. Both of them will consider the issue and give appropriate directions to ensure free flow of genuine traffic and stoppage of dumping of boulders on any public road in the area, especially, with reference to Road No.51 of Jubilee Hills. The Writ Petitions are accordingly disposed of. No costs. __________________ BILAL NAZKI, ACJ. 5.4.2005 ______________________ Dr. G.YETHIRAJULU, J. VR. To 1. The Principal Secretary to Government, Municipal Administration Department, Secretariat, Hyderabad. 2. The Commissioner, Municipal Corporation of Hyderabad, Tank Bund, Hyderabad. 3. The Commissioner of Police, Hyderabad City, Basheerbagh, Hyderabad. 4. The Station House Officer, Jubilee Hills Police Station, Jubilee Hills, Hyderabad. 5. The Vice Chairman & Managing Director, Hyderabad Urban Development Authority, 1-8- 323, Paigah Palace, Police Lines, Rasoolpura, Secunderabad – 500 003. 6. Two CCs to Government Pleader for Municipal Administration and Urban Development, High Court Buildings, Hyderabad (OUT). 7. Two CCs to Government Pleader for Home, High Court Buildings, Hyderabad (OUT). 8. Two CD copies.