The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.17345 of 2006 Dated 6th August, 2010 Between: Smt.Anees Fatima …Petitioner And Kukatpally Municipality …Respondent Counsel for the petitioner: Mr.P.Venugopal Counsel for the respondent: None appeared The Court made the following: Order: This Writ Petition is filed for a Mandamus to declare the action of the respondent, in removing the shutters of three mulgies belonging to the petitioner in respect of premises bearing No.3-4-25 of Sumithra Nagar, Kukatpalli, Ranga Reddy District, and dispossessing her from the said property, as illegal and arbitrary. I have heard Sri P.Venugopal, learned Counsel for the petitioner. No one appeared for the respondent- Municipality. The petitioner averred that she has purchased an extent of 247 square yards together with house bearing No.4-108 old (new 3-4-25) of Baghameeri Village, Rajedranagar Taluk, Ranga Reddy District, under a registered sale deed, dated 10-10-1984; that she has constructed three mulgies in the said property and that on 14-08-2006, the subordinates of the respondent came to the said property and forcibly removed the shutters of the said mulgies in a highhanded manner and took them away. The petitioner further averred that she has purchased the property as far back as the year 1984 and obtained permission from the erstwhile Gram Panchayat for construction of mulgies. On behalf of the respondent-Municipality, a counter- affidavit has been filed by the Commissioner, inter alia stating that the property in question is abutting 200 feet wide National Highway No.9 on southern side and 20 feet wide road on western side leading to Sumithra Nagar; that six numbers of old mulgies were existing on the said site, out of which two mulgies were occupied by M/s.Kinetic SMS Motors and a Tiffin centre and one mulgi each by S.A.winding works, Jaya Sri Sai Automobiles, S.L.N.Electrical, Sri Sai Ram Tours and Travels and that three more shops were constructed after leaving the road affected area on the National Highway and also the space in between the National Highway and 20 feet internal road leading to Sumithra Nagar. It is further stated that the open land left for road margin was being used by the inhabitants of the locality; that when the petitioner tried to make unauthorised construction on the space left on the road margin portion, the petitioner was prevented therefrom and that their subordinates have not taken away any property from the petitioner as alleged in the Writ Petition. In the reply-affidavit filed by the petitioner, the above averments were denied. At the hearing, the learned Counsel for the petitioner submitted that his client has obtained permission for construction of mulgies from the erstwhile Gram Panchayat before the respondent has become Municipality and that therefore, the action of the respondent was illegal. The petitioner has not filed a copy of the alleged sanctioned plan. Therefore, this plea of the petitioner remains unsubstantiated. The respondent, being a statutory authority charged with the duty of preventing unauthorised constructions, cannot be prevented from exercising its statutory functions when it seeks to prevent such unauthorised constructions from coming up. Even though the petitioner alleged that the subordinates of the respondent have taken away the shutters, the same has been denied. Except the ipsi dixit of the petitioner, no proof is furnished by her in support of her allegation. If the petitioner seeks to raise any structures over the property belonging to her, she has to obtain necessary permission from the competent authority and till such time, it is not permissible for her to undertake any construction activity. Moreover, this Court cannot restrain the respondent from interfering with the construction undertaken by the petitioner without obtaining necessary permission, that too on the alleged road margin. For the above-mentioned reasons, the Writ Petition is dismissed. C.V.Nagarjuna Reddy, J Dated 6th August, 2010 lur