IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 9991 of 2008 Between: 1. Muddasani Venkat Ranga Reddy S/o. Janardhan Reddy, R/o. H.No.2-2-506, Ramnagar (Krishnapura), Hanamkonda, Warangal City & Warangal District. 2.Thatipalli Janardhan Reddy S/o. Venkat Reddy, R/o. H.No.2- 2-508, Ramnagar (Krishnapura), Hanamkonda, Warangal City & Warangal District. ..... PETITIONERS AND 1 The Warangal Municipal Corporation rep. by its Commissioner, Matwada, Warangal City & Warangal District. 2 The Kakatiya Urban Development Authority, rep. by its Vice Chairman,Hanamkonda, Warangal City & Warangal District. 3 The Regional Joint Director, Town & Country Planning, Warangal at Hanamkonda, Warangal City & Warangal District. 4 M/s Viswambhara Educational Society, Ramnagar (Kishanpura), Hanamkonda, Warangal City and Warangal District rep. by its Secretary cum Correspondnet, C. Devnder Reddy, s/o. Narasimha Reddy, aged 41 yrs, Office at Vakdevi College Campus, Ramnagar, Hanamkonda Warangal-516001. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue a writ or order or direction especially one in the nature of Writ of Mandamus declaring the action of the respondents No.1 to 3 herein in not stopping the illegal construction on the 30' wide road in front of house of 2nd petitioner and also on the western side of the house of 1st petitioner by removing the building material as arbitrary, illegal and high handed one and further violative of Art. 14 of the Constitution of India and consequently direct the 1st respondent to initiate action against the 4th respondent under sections 401 read with 402, 406, 636, 641 of Hyderabad Municipal Corporation Act, 1955. Counsel for the Petitioners: MR.B.NARAYANA REDDY Counsel for the Respondent No.: MR.V.DURGA NAGESWARA RAO The Court made the following : ORDER: This writ petition has been ﬁled by the petitioners, who are 2 in number, complaining inaction of the respondents 1 to 3 in stopping the illegal construction on the 30 feet width road in front of their houses. 2. Notice before admission came to be ordered on 01.05.2008. 3. 1st respondent ﬁled counter-aﬃdavit. Uppala Venkataramaiah, Commissioner, Warangal Municipal Corporation, Warangal, has sworn to the counter-aﬃdavit. It is stated in the counter-aﬃdavit that unauthorized structures raised on 30 feet width road have been removed. Para.6 of the counter-affidavit needs to be noted an it is thus: “6. It is submitted that the Reply to Paras 6 to 9 of the aﬃdavit, it is true that the petitioners are constructed their houses with compound wall by leaving 30’ feet as a road and this respondent does not know about the documents executed by the daughters on N.T.Raju by name Smt.Bharathi in favour of Smt.Vanamala hence hereby denied and this respondent authority removed the unauthorized structures on alleged 30’ feet Road and the respondent Corporation issued the notices to this respondent to stop the construction on 30’ feet Road by the 4th respondent herein. The locality is unauthorized development and there is a development plan vide No.30/86 made by the K.U.D.A., Warangal, and this respondent authority removed the unauthorized structures on the 30’ feet road.” 4. In that view of the matter, the writ petition is disposed of at the admission stage reserving the liberty to the petitioners to make fresh application in the event of any further constructions made on the 30 feet road. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:04th August, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}