IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 27010 of 2008 Between: Smt.Tunga Trinnitha REddy @ Mahalakshmi W/o.Teepi Reddy Ajay Kumar Reddy Presently residing at U.S.A.rep.by her GPA Teepireddy Chokka Reddy,S/o.Malla Reddy, aged about 56 years Occ:Business, R/o.Alugunoor village, Thimmapur Mandal Karimnagar District ..... PETITIONER AND 1 Warangal Municipal Corporation, rep.by its Commissioner at Warangal 2 Communist Party of India (marzixt), H.No.2-5-20,Ramnagar (Nakkalagutta) Hanamkonda, rep. by its District Secretary, Warangal District .....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 issue an appropriate writ order or direction more especially one in the nature of writ of mandamus declaring the inaction on the part of the 1st respondent in taking steps to remove the illegal, encroachment and the gate erected by the 2nd respondent by closing the dead-end public road between the buildings bearing Nos.2-5-21 & 2-5-20 situated at Ramnagar (Nakkalagutta) Hanamkonda, Warangal District as bad illegal mala fide one and unconstitutional and consequently direct the 1st respondent to remove the illegal, encroachment and the gate erected by the 2nd respondent at the dead-end of the public road in the interest of justice. Counsel for the Petitioner:MR.H.VENUGOPAL Counsel for the Respondent No.: MR.V.DURGA NAGESWARA RAO The Court made the following : O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the 1st respondent-Corporation in not taking steps to remove the gate erected illegally by the 2nd respondent by closing the dead-end public road between the buildings bearing Nos.2-5-21 and 2-5-20 situated at Ramnagar (Nakkalagutta), Hanamkonda, Warangal District, as arbitrary and illegal. The petitioner asserts that she is the absolute owner and possessor of the house bearing No.2-5-21 situated at Ramnagar (Nakkalagutta), Hanamkonda, Warangal District, having acquired it under a registered gift deed dated 20.9.2007 executed by her father. The house bearing No.2-5-20 of the 2nd respondent-Communist Party of India (Marxist) is situated towards western side of the petitioner’s house and their houses are divided by 30 ft. dead-end road, but the 2nd respondent, illegally occupied the road and erected a gate, depriving the petitioner’s entry into her house from the rear side through the public road. Thereafter, the petitioner made several representations dated 5.3.2007, 2.5.2007, 1.9.2007, 18.9.2007 and 6.10.2008 to the 1st respondent. Now, the petitioner’s grievance is that though she made several representations, the respondent-Corporation has neither taken any action against the 2nd respondent nor passed any orders on her representations. Heard Sri H.Venugopal, learned counsel for the petitioner and Sri V.Durga Nageswara Rao, learned standing counsel for Warangal Municipal Corporation and perused the material placed on record. As the representation of the petitioner is about the illegal construction of the second respondent, this Court is of the view that this writ petition can be disposed of at the stage of admission by dispensing with the usual notice to the second respondent. Accordingly, this writ petition is disposed of directing the first respondent-Corporation to look into the representation dated 6.10.2008 said to have been given by the petitioner and pass appropriate orders thereon. Now that this Court is dispensing with the usual notice to the second respondent, the first respondent is hereby directed to put the second respondent on notice and afford an opportunity of personal hearing to him before taking any action on the representation of the petitioner. No costs. _______________ 15.12.2008 bcj