IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 3470 of 2007 Between: K.Yadagiri Rao S/o. Late K. Pandu Ranga Rao, Permanent R/o. Suryapet, Nalgonda District. ..... PETITIONER AND 1 The Commissioner, Suryapet Municipality at Suryapet, Nalgonda District. 2 Ravula Ramulu S/o. Ravula Rangaiah R/o. C/o. H.No. 1-1-115(P) Tallagadda, Suryapet. 3 Ravula Nagaraju S/o. Ravula Rangaiah R/o. C/o. H.No. 1-1-115(P) Tallagadda, Suryapet. 4 Ravula Kotaiah S/o. Ravula Rangaiah R/o. C/o. H.No. 1-1-115(P) Tallagadda, Suryapet. .....RESPONDENTS 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 issue a writ order or direction more particularly one in the nature of writ of Mandamus by declaring the inaction of the 1st Respondent in taking action for demolition of unauthorized and illegal constructions made by the respondents 2 to 4 in Sy.No. 780/E, at Tallagadda, Suryapet, Nalgonda District, in pursuance of notices issued by him dt. 14-7-2006 and 22-7-2006 U/s. 228(1), 228(3) &360 of A.P. Municipalities Act, is illegal, arbitrary and violative of the provisions of A.P. Municipalities Act and consequently direct the 1st Respondent to comply with the mandatory provisions of A.P. Municipalities Act, Particularly Section 228(3) and 360 by removing the unauthorized and illegal, construction made by the respondents 2 to 4 in Sy.no. 780/E at Tallagadda, Suryapet, Nalgonda District, and pass such other order/s as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.J.ASHVINI KUMAR Counsel for the Respondent No. 1: MR.POLISETTY RADHAKRISHNA (SC FOR MPL) The Court made the following: This writ petition is filed seeking a declaration that the Commissioner, Suryapet Municipality at Suryapet, Nalgonda district has failed to take action against unauthorized and illegal constructions made by respondent Nos. 2 to 4 in survey No. 780/E at Tallagadda, Suryapet, Nalgonda district despite having issued notices dated 14-07-2006 and 22-07-2006 under Sections 228 (1), 228 (3) and 360 of the Andhra Pradesh Municipalities Act, 1965. The petitioner however failed to implead the Suryapet Municipality in the writ petition. Instead the Commissioner, Suryapet Municipality is impleaded as the first respondent. The writ petition as filed cannot therefore be entertained or adjudicated. Accordingly it is dismissed. The petitioner is accorded liberty to file a fresh writ petition impleading the State or instrumentalities of the State. The interim order dated 24-08-2007 stands dissolved. No costs. GODA RAGHURAM, J Dated: 21-02-2008 pvks ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner, Suryapet Municipality at Suryapet, Nalgonda District. 2. 2CCs to 3. 2CD copies Form-NIC-OGS/WP{VSMI}