THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.29997 OF 2011 Date: 15th November, 2011 Between: Dr.C.R.P.S. Krishna and another …..Petitioners AND The Government of A.P., rep. by its Principal Secretary to Government, Municipal Administration Department, Secretariat, Hyderabad and others …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.29997 OF 2011 ORDER:- This writ petition is filed seeking to issue a writ of mandamus declaring the action of the second respondent in not taking any action in demolishing the building constructed by the third respondent in Government land bearing premises No.6-12-47 in Sy.No.142, Kothagudem pursuant to the first petitioner’s representations dated 9.7.2009 and 26.7.2011, as arbitrary, illegal and violation of the provisions of the Andhra Pradesh Municipalities Act, 1965 (for short, the Act) besides a direction to demolish the illegal construction made by the third respondent on the above premises. 2. Heard. 3. It is stated in the affidavit filed in support of the petition that the first petitioner and his wife, who is the second petitioner herein, are residents of premises bearing No.6-12-48 in Sy.No.142, Kothagudem, Khammam District and a Government land is situated on the western side of their premises. In the Government land, the third respondent, without any permission and sanctioned plan, raised illegal construction occupying a public road on the southern side by not maintaining the open spaces. The quality of the construction is very poor and is likely to collapse posing danger to the petitioners’ building and also their life. The first petitioner made a representation on 25.2.2009 to the second respondent about the illegal construction, in response to it, the second respondent addressed a letter dated 20.3.2009 to the third respondent to submit house plan and other title deeds, but the third respondent did not submit any document, and the second respondent did not take any action, thereafter again, the first petitioner made two representations dated 9.7.2009 and 26.7.2011 to the second respondent to take action in the matter, but in vain. Though the petitioner made a representation to the Tahsildar, Kothagudem on 16.5.2011 bringing the above unauthorized construction to his notice, he also did not take any action. Hence, they filed the present writ petition. 4. The learned counsel for the petitioners contended that the third respondent had constructed the building in the Government land without there being any sanctioned plan and that the second respondent has not taken any action for that illegal construction in spite of giving representations on 9.7.2009 and 26.7.2011. 5. On the other hand, the learned counsel for the second respondent stated that appropriate decision would be taken on the representations of the first petitioner. 6. Nobody is permitted to encroach the Government land to construct a building. Similarly, a building has to be constructed after obtaining permission from the municipal corporation concerned. Whether the third respondent has encroached into the Government land or not and whether he has made any construction in violation of the Building Rules or without sanctioned plan have to be verified by the second respondent and thereafter, after following the due process of law, he has to take appropriate decision. 7. Hence, the Writ Petition is disposed of directing the second respondent to take appropriate decision in accordance with law on the representations of the first petitioner, after giving reasonable opportunity to the third respondent to put forward his case, within a period of eight weeks from the date of receipt of a copy of this order. No costs. _______________ K.C.BHANU, J 15th November, 2011 TJMR THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.29997 OF 2011 Date: 15th November, 2011