IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 16685 of 2007 Between: 1 T. Sattamma, W/o. Late T. Shankaraiah, R/o. 5-5-885/886, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 2 Nagaraj, S/o. T. Shankaraiah, R/o. 5-5-886, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 3 K. Praveen Kumar, S/o. Pandu, R/o. 5-5-912/B Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 4 M. Shiva Kumar, S/o. M. Krishna Rao, R/o. 5-5-892, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 5 M. Yousuf, S/o. Md. Mahboob Ali, R/o. 5-5-908, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 6 G. Sanji KUmar, S/o. Satyanarayana, R/o. 5-5-914, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 7 Srinivas Reddy, S/o. Satyanarayana Reddy, R/o. 5-5-889, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 8 Santosh Kumar, S/o. Ramesh, R/o. 5-5-913, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 9 S. Shiv Kumar, S/o. Govind Rao, R/o. 5-5912/1, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 10 bhanwari lal, s/o. bhima Ramji, R/o. 5-5-916/B, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 11 R.K. Gupta, S/o. Shivacharan Lal, R/o. 5-5-888, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 12 B.L. Sharma, S/o. Ranjilal Sharma, R/o. 5-5-895, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 13 P. Om Prakash, S/o. Late P. Gowraiah, R/o. 5-5-891, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 14 C. Rajender, S/o. Late C. Tiljaiah, R/o. 5-5-892/1, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 15 R. Prabhakar Singh, S/o. T. Ram Singh, R/o. 5-5-910, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 16 Savithri Bai T. Prabhu Singh, R/o. 5-5-912/B, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 17 Naresh Kumar, S/o. Late Bhanwari Lal, R/o. 5-5-915, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 18 Mallesh, S/o. P. Janaiah, R/o. 5-5-889-2, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 19 T. Vinay Kumar, S/o. Late T. Sri Ramulu, R/o. 5-5-894, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 20 P. Padmachary, S/o. P. Janaiah, R/o. 5-5-889/1, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 21 J. jaganath, S/o. J. Hawgi Rao, R/o. 5-5-914/1, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 22 C. Dattaraya, S/o. C. Muthaiah, R/o. 5-5-899/1, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 23 Mohan Raj, S/o. Late Misri Prasad, R/o. 5-5-887, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 24 T. Bhim Raj, S/o. Late T. Shankaraiah, R/o. 5-5-853, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 25 N. Venkatachalla, S/o. Late P. Shankaraiah, R/o. 5-5-730/1, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 26 M.A. Aleem, S/o. Mohamood Ali, R/o. 5-5-726/1, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 27 M.A. Khader, S/o. M.A. Khan, R/o. 5-5-727, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 28 S. Habeebuddin, S/o. S. Hussain, R/o. 5-5-728/1, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 29 M. Narahari, S/o. Eswaraiah, R/o. 5-5-726/A, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 30 Syed Kasimuddin, S/o. Yousufuddin, R/o. 5-5-722, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 31 Younus, S/o. Anif, R/o. 5-5-724, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 32 S. Mallesh, S/o. S. Chary, R/o. 5-5-723, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 33 S. Roopendar, S/o. S. Suresh, R/o. 5-5-725, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 34 Brahmam, S/o. Dayanad, R/o. 5-5-721, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 35 P. Rameshwar Rao, S/o. late P. Shankaraiah, R/o. 5-5-799, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 36 P. Satyamma, W/o. late P. Narayana, R/o. 5-5-799/1, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 37 Pandurangam, S/o. late P. Narayana, R/o. 5-5-754/2, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 38 Ganesh, S/o. Late B. Krishna, R/o. 5-5-756, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 39 B. Navodaya, W/o. B. Krishna, R/o. 5-5-798, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 40 K. Mallesh, S/o. Late K. Ramesh, R/o. 5-5-757, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 41 Yadhagiri, S/o. Late Laxmaiah, R/o. 5-5-757/1, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 42 Manemma, W/o. Late Ramesh, R/o. 5-5-755, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 43 Shamsundar, S/o. Late Narsimma, R/o. 5-5-753, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. 44 Venkanna, S/o. Narayana, R/o. 5-5-754, Hindinagar, Goshamahal Darulsalam Road, Hyderabad. ..... PETITIONER(S) AND 1 The State of Andhra Pradesh, The Department of Municipal Administration and Urban Development, Secretariat, Saifabad, Hyderabad. 2 Municipal Corporation of Hyderabad, Tankbund Road, Hyderabad, Rep. by its Commissioner. 3 The Assistant City Planner, Circle VI, Municipal Corporation of Hyderabad, Hydderabad. 4 G. Vittal S/o. Lingaiah 5-5-693, Goshamahal, Malakunta, Hyderabad 5 V. Sudershan S/o. late Venkaiah 5-5-695, Goshamahal, Malakunta X Roads, Hyderabad 6 A. Narasimha S/o. Bhoomaiah 5-5-697, Goshamahal, Malakunta X Roads, Hyderabad 7 Abjipatel S/o. Bheemji 5-5-698, Goshamahal, Malakunta X Roads, Hyderabad 8 C. Pandu S/o. Venkaiah 5-5-799/1, Goshamahal, Malakunta X Roads, Hyderabad 9 M. Janardhan S/o. Chandraiah 5-5-848/1, Goshamahal, Malakunta X Roads, Hyderabad 10 A. Gopal Rao S/o. late Umaji Rao 5-5-848/1, Goshamahal, Malakunta X Roads, Hyderabad 11 G. Maisaiah S/o. Sayanna 5-5-885/1, Goshamahal, Malakunta X Roads, Hyderabad 12 G.D. Patel S/o. D. Patel 5-5-699&730/2, Goshamahal, Malakunta X Roads, Hyderabad 13 Rajesh Manthri S/o. Ramagopal Manthri 5-5-696, Goshamahal, Malakunta X Roads, Hyderabad RR 4to13 are impleaded as per court order dt. 14-8-2007 in WPMP 21955 of 2007 .....RESPONDENT(S) 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 to issue a Writ of Mandamus or any other appropriate Writ or order or direction in the nature of a Writ directing the respondents to undertake road widening of public road from Malakunta Cross Roads to Darusalam Cross Road as per the sanction granted by the 2nd respondent Corporation immediately by following the procedure as per law and consequently declare the action of the respondents in not taking any action on the representations of the petitioners and their inaction in the matter as arbitrary,discriminatory and violative of Article 14 of the Constitution of India and abdication of duty cast on them in the interest of justice and apss such other or further orders as this Hon'ble Court deems fit and proper inthe circumstances of the case. Counsel for the Petitioner:MR.B.NALIN KUMAR Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : ORDER: This writ petition has been filed by the petitioners, who are 44 in number, with a prayer to issue a writ, order or direction, more particularly one in nature of writ of Mandamus, to the respondents to undertake road widening from Malakunta Cross Roads to Darusalam Cross Road as per the sanction already granted by the Corporation. 2. The petitioners are residents of Goshamahal, Darusalam Road, Hyderabad. A proposal has been conceived by the Corporation for widening the public road leading from Malakunta Cross Roads to Darusalam Cross Road via Baradari and Goshamahal. As there is abnormal delay in implementation of the proposal, the petitioners choose to approach this Court with a prayer stated supra. 3. Notice before admission has been ordered on 30.08.2007. Respondents 4 to 13 entered appearance and filed counter-affidavit. 4. Heard learned counsel appearing for the petitioners; learned Standing Counsel appearing for the respondents 1 to 3-Corporation and learned counsel appearing for the respondents 4 to 13. 5. In view of the order proposed to be passed, pleadings of the parties are not required to be dealt with elaborately. The only grievance of the petitioners is that the Corporation having approved the proposal with regard to widening of the public road from Malakunta Cross Roads to Darusalam Cross Road via Baradari and Goshamahal, is not implementing the same and therefore, necessary direction is required to be issued to the respondents 1 to 3-Corporation. 6. Learned Standing Counsel appearing for the respondents 1 to 3- Corporation submits that respondents 4 to 13 are squatting over the properties of the Corporation without paying any rents and causing obstruction for widening the road. He also took me to the proceedings in the earlier round of writ petition being W.P.No.14260 of 2005. Learned Standing Counsel, on instructions, submits that steps are being taken for widening the road. He placed on record the letter addressed to him by the Assistant City Planner, Circle No.8, GHMC, which read as hereunder: “GREATER HYDERABAD MUNCIPAL CORPORATION O/o.Asst.City Planner, Town Planning Section, Central Zone, Circle No.8, GHMC, Hyderabad. Lr.No.135/ACP/TPS/Cz/C8/GHMC/2008, dated:07.06.2008. To Sri Ramachandra Reddy, Advocate, Standing Counsel for GHMC, High Court, Hyderabad. Sir, Sub:- GHMC – T.P. Section – Central Zone, Circle No.8 – Ptroposed Road Widening for 80’-0’ wide from Malaqkunta X Road to Darusalam – Intimation letter issued to the affected Owners – Regarding. Ref:- 1) W.P.No.16685 of 2007, High Court, Hyderabad. 2) Commissioner & Spl. Officer’s Approval dt.02.01.2008. *** With reference to above subject cited, it is submitted that the Commissioner & Spl. Officer approved the revised RDP for 80’-0’ wide Road from Malakunta X Roads to Darusalam junction. In this connection total 96 properties are getting affected in the proposed road widening for which this office has got issued intimation letters to all of them and the private negotiations are under progress. Further, individual Sketches are sent to the Exe. Engineer for preparation of Structural Valuation and also there are 11 GHMC Lease Properties included in the affected properties for which a letter was addressed to Estate Officer, GHMC for cancellation of the Lease agreements. This is for favour of information and brought to the notice of the Hon’ble High Court. Yours faithfully Sd/- x x x x ASST. CITY PLANNER, CIRLCE NO.8, GHMC Copy submitted to: The Chief City Planner, GHMC, for information.” 7. Learned counsel appearing for the respondents 4 to 13 submits that the respondents 4 to 13 are paying the rents regularly and therefore, they cannot be termed as refugees. 8. The question whether the respondents 4 to 13 are paying rents regularly or not to the Corporation is out of the scope of the writ petition. The only grievance of the writ petitioners is that the Corporation having approved the proposal of widening the road is not implementing the same. The letter of the Assistant City Planner, Circle No.8, GHMC, addressed to the Standing Counsel for GHMC, shows that steps are being taken for implementing the proposal. 9. Such is the situation, I deem it appropriate to dispose of the writ petition with a direction to the respondents 1 to 3-Corporation to implement the proposal of widening of the road from Malakunta X Roads to Darusalam junction, as expeditiously as possible, preferably within six months, in accordance with the provisions of the Hyderabad Municipal Corporation Act, 1955. 10. Accordingly, the writ petition is disposed of at the admission state. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:25th June, 2008. cs ..... 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