HON’BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.21358 OF 2011 O R D E R This writ petition is filed for a writ of mandamus declaring the action of the respondent in causing demolition of the compound wall and hall of the house bearing No.22-8-110, situated at Phase-II, Doctors Colony, Balajinagar, Desaipeta, Warangal, as illegal and arbitrary and for a consequential direction to the respondents not to demolish the same. The case of the petitioner is that she is the absolute owner and possessor of the house bearing No.22-8-110, situated at Phase-II, Doctors Colony, Balajinagar, Desaipet, Warangal. The petitioner being the member of the Kakateeya Medical College Employees Cooperative Housing Society Limited, Warangal, she was allotted house site viz., Plot No.147 admeasuring 336.37sq.yards on 30.03.1996 in the land acquired by the said society. While so, on 17.01.2011, the respondent office issued notice to the petitioner alleging that they have received a complaint dated 03.01.2011 from one Veeraswamy wherein it was alleged that petitioner made illegal constructions in the above said land and requested for removal of the said unauthorised constructions. In pursuance to the said notice, the petitioner gave explanation on 20.01.2011 stating that she has constructed a hall for doing social activities and the construction of the said hall was also regularised vide proceedings dated 02.08.2005. But the respondents, without considering the said explanation issued proceedings dated 12.05.2011 directing the petitioner to remove the structures within three days from the date of the receipt of the said notice. After receiving the said notice, petitioner again approached the respondent officials narrating the above facts and produced the relevant documents pertaining to the regularisation of the construction of alleged illegal constructions under B.P.S. Scheme. But all of a sudden on 27.07.2011 the respondent officials without giving any sort of notice demolished the compound wall of the petitioner’s house and are trying to demolish the hall attached to the petitioner’s house, though the petitioner fulfilled all the objections raised by the respondent officials. Aggrieved by the same, the present writ petition is filed. Counter affidavit is filed by the respondent stating that the petitioner has constructed the compound wall by encroaching the Municipal road to an extent of 55.27 square mts contrary to the sanctioned layout of LP.No.35 of 1988. It is also stated that with regard to illegal constructions made by the petitioner, the Colony Welfare Society has filed a petition on 03.01.2011 and hence the respondent corporation issued notice dated 17.01.2011 directing the petitioner to submit relevant ownership documents along with the permission obtained from the then Municipality for verification. Thereafter, the respondent corporation verified the documents and issued notice dated 12.05.2011 directing the petitioner to remove the encroached portion of road to an extent of 55.27sq.mts. When the petitioner failed to comply the above notice, the respondent officials have demolished the compound wall. The respondent corporation admitted that it has granted permission for construction of house as per the application submitted by the Kakateeya Medical College Employees Cooperative Housing Society Limited but denied that it has regularised the petitioner’s illegal constructions vide proceedings dated 02.08.2008, stating that petitioner failed to produce the relevant documents as directed by it. Meanwhile, the petitioner obtained interim direction on 28.07.2011 in W.P.No.21358 of 2011 because of which the respondent corporation was restrained from taking further steps for removal of the illegal constructions made by the petitioner. In this case, petitioner states that the illegal constructions made by her have been regularised but in the counter the same is denied stating that petitioner failed to produce the relevant records. It is also clearly stated that the petitioner has encroached the public road to an extent of 55.27 sq.mts contrary to the sanctioned layout. It is also stated that only after verifying the documents and after conducting enquiry, the respondent corporation issued notice for removal of illegal constructions. No reply affidavit is filed to the counter filed by the respondents. When constructions are made in violation of the sanctioned plan, encroaching the public road, it cannot be said that respondent corporation has taken action erroneously. The respondent corporation following due process of law gave opportunity to the petitioner to produce the relevant documents. As the petitioner failed to produce the same, appropriate steps have been taken by the respondent corporation for demolition of the illegal constructions made by the petitioner. In view of the above facts and circumstances, I do not see any merit in the writ petition. Hence, the writ petition is dismissed. Interim order granted earlier shall stand vacated. It is open for the respondent to take further action for removal of the illegal constructions made by the petitioner. There shall be no order as to costs. As a sequel, miscellaneous petitions pending if any, shall stand closed. __________________​____________ A.RAJASHEKER REDDY,J Date: 26.06.2015 dv