THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.31860 OF 2011 O R D E R: This writ petition is filed seeking to issue writ of Mandamus declaring the action of respondent Nos.1 and 2 in not taking any action on the illegal construction raised by respondent No.3 over the house bearing Municipal No.5-2-73, Jambagh, Hyderabad without obtaining valid permission by encroaching the Government Land, which was acquired for the purpose of road widening from Puthlibowli Junction to M.J.Market Junction as illegal and arbitrary and consequently, direct respondent Nos.1 and 2 to take immediate action by way of demolition. 2. The brief facts, as stated in the affidavit filed in support of the writ petition, are that respondent No.3 was the owner of the aforementioned house. During the course of acquisition of land for the purpose of road widening from Puthlibowli Junction to M.J.Market Junction, the Government acquired the subject property by awarding compensation to respondent No.3. Thereafter, respondent Nos.1 and 2 demolished the subject property and respondent No.3 is left with only 3 feet of land from the road. Without having any right except 3 feet from the road, respondent No.3 is raising illegal constructions by way of encroaching 4 feet of acquired Government land without obtaining any valid permission from respondent Nos.1 and 2 for which, the very purpose of acquisition of land for the purpose of road widening would be defeated. Hence, the petitioner filed the present writ petition. 3. Learned counsel for the petitioner contended that though respondent No.3 is making illegal constructions without the permission of respondent Nos.1 and 2, respondent Nos.1 and 2 are not taking any action and hence, prays to issue a direction to respondent Nos.1 and 2 to take action on respondent No.3. 4. On the other hand, learned Standing Counsel appearing for respondent Nos.1 and 2 stated that the Corporation would take action in accordance with law after giving notice to respondent No.3. 5. Respondent No.3, though an Advocate, is not present. 6. The grievance of the petitioner is that respondent No.3 is making illegal constructions without obtaining any permission or sanction from the municipal authorities and also encroached into the Government land, which was acquired for the purpose of road widening. Whether respondent No.3 is making illegal constructions and whether he encroached into the Government site or not are the matters to be enquired into by respondent Nos.1 and 2 and thereafter, they have to take appropriate decision by following the due process of law. If there are any illegal constructions made by respondent No.3 contrary to the sanctioned plan, respondents 1 and 2 have to verify whether respondent No.3 has encroached into the Government site or not. Therefore, respondent Nos.1 and 2 are directed to take appropriate decision in accordance with law with regard to the illegal constructions and also the encroachment, if any, made by respondent No.3. The entire process shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 15th December, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.31860 OF 2011 Date:15.12.2011 AMD