IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 15758 of 2008 Between: Housing Board Colony Welfare Association, Rep. byits Secretary Adepu Thirupathaiah, S/o. Venkataiah Aged 60 years, R/o. MIG (II) 17 A.P. Housing Board Colony, Karimnagar. ..... PETITIONER AND 1 The Commissioner, Municipal Corporation, Karimnagar. 2 Erapati Saroja, W/o. Adireddy, R/o. H.No. 8-5-614/A, laxminagar, Karimnagar. .....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 to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent herein in not initiating action against the 2nd respondent for the illegal encroachment made by him over the public road i.e. 0.04 gts. of land situated in front of the Petitioner's Housing Board i.e., main Gate of A.P. Housing Board Colony in Sy.No. 238, Karimnagar as illegal, arbitrary and contrary to the provisions of Municipalities Act and also contrary to the order dt. 5-3-2007 passed by this HOn'ble Court in SAMP No. 213 of 2007 in SA No. 101 of 2007 and pass Counsel for the Petitioner:MR.VENKATESHWAR VARANASI Counsel for the Respondent No.: MR.J.KANAKAIAH The Court made the following : O R D E R: This Writ Petition has been ﬁled by Housing Board Colony Welfare Association represented by its Secretary Adepu Thirupathaiah assailing the inaction of 1st respondent on the complaint made by it with regard to illegal constructions made by Erapati Saroja-2nd respondent encroaching the road portion. Notice before admission has been ordered on 22.7.2008. Respondents entered appearance through their respective counsel but did not choose to file their counters. Heard learned counsel appearing for the petitioner-Association and learned Standing Counsel appearing for Municipal Corporation, Karimnagar- 1st respondent. When the writ petition came up for admission hearing there is no representation on behalf of 2nd respondent. The petitioner claims to have submitted a representation on 16.7.2008 complaining the constructions made by 2nd respondent encroaching the road portion. There being no action on the part of 1st respondent the petitioner-association invoked the jurisdiction under Article 226 of the Constitution of India. The factual aspect of the petitioner-association submitting the representation on 16.7.2008 is not controverted by learned Standing Counsel appearing for 1st respondent-Corporation. In that view of the matter, this writ petition is disposed of directing the Commissioner, Municipal Corporation, Karimnagar- 1st respondent to consider the representation of the petitioner-Association dated 16.7.2008 and pass appropriate orders, after putting on notice the eﬀecting parties, within a period of four weeks from the date of receipt of a copy of this order. No order as to costs. 14th November, 2008. (B.Seshasayana Reddy,J) tnb THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.15758 OF 2008 14TH NOVEMBER 2008. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}