IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION Nos.27389 and 25350 of 2008 WRIT PETITION NO : 27389 of 2008 Between: 1 Syed Syda, S/o. Khasim Sab and Bade Bi, R/o. at D.No. 1-807, Park Road, Mangalagiri Town, Guntur District. 2 Syed Hussain Be, W/o. Late Peeran and daughter-in-law of Bade Bi, R/o. at D.No. 1-807, Park Road, Mangalagiri Town, Guntur District. ..... PETITIONERS AND 1 Mangalagiri Municipality, Rep by its Commissioner, Mangalagiri, Guntur District. 2 Smt. K. Vijayameri, W/o. Lakshmaiah, R/o. at House No. 1-808, Park Road, Mangalagiri Town, Guntur District. .....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 an appropriate writ, order or direction, in the nature of Mandamus, declaring the action of the 1st respondent herein in trying to demolish the petitioner's house bearing Door No. 1- 807, situated at Park Road, Mangalagiri Town, Guntur District at the behest of the 2nd respondent herein, is illegal, arbitrary, capricious, malafide, not only violative of principles of natural justice but also violative of Article 21 of the constitution of India. Counsel for the Petitioner:MR.M.MEHDI HUSSAIN Counsel for the Respondent No.: MR.S.NAGESWARA REDDY The Court made the following : AND WRIT PETITION NO : 25350 of 2008 Between: K. Vijayameri W/o. Lakshmaiah R/o. H.No. 1-808, Park Road, Mangalagiri, Guntur District. ..... PETITIONER AND 1 The Government of A.P., Rep. by its Prl. Secretary Municipal Administration, Secretariat, Hyderabad. 2 Mangalagiri Municipality, Rep. by its Commissioner, Mangalagiri, Guntur District, Hyderabad. 3 Syed Syeda S/o. Syed Budebi R/o. Park Road, Mangalagiri, Guntur District. 4 Syed Hussena W/o. Late Peera R/o. Park Road, Mangalagiri, Guntur District. ....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 writ order or direction particularly one in the nature of writ of Mandamus declaring action of respondent No.2 in not taking any action for removal of encroachment on the road margin adjacent to petitioners' house bearing Premises no. 1-808/A, Park Road, Mangalagiri, Guntur District as illegal and arbitrary and violative of provisions of Municipalities Act and to direction respondent No.2 to initiate action against the respondents 3 and 4 and remove the encroachment and illegal, constructions and to pass Counsel for the Petitioner:MR.SREENIVASA RAO VELIVELA Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : COMMON ORDER Smt K.Vijayaameri approached this Court and filed WP No.25350 of 2008 stating that one Syed Syda and another, petitioners in WP No.27389 of 2008 are making un-authorized constructions encroaching the road and road margin adjacent to her house and in that context, she gave several representations, but, no action has been initiated. This Court while issuing Rule Nisi on 19.11.2008 directed the 2nd respondent-Municipality to look into the representation submitted by the petitioner and if needed the encroachments so specified in the said representation, may be removed within a period of four weeks. Pursuant to the said orders passed by this Court, a notice dated 1.12.2008 was issued by the 2nd respondent- Municipality directing Syed Syda and Syed Hussain Be ( petitioners in WP No.27389 of 2008) to submit their explanation failing which action will be initiated in accordance with law. Questioning the said notice dated 1.12.2008 the said Syed Syda and Syed Hussain Be, as stated supra, approached this Court and filed WP No.27389 of 2008. Heard Sri Velivela Sreenivasa Rao, learned counsel for the petitioner in WP No.25350 of 2008, Sri M.Mehdi Hussain, learned counsel for the petitioners in WP No.27389 of 2008, learned Standing Counsel for Mangalagiri Municipality and the learned Government Pleader for Municipal Administration. Since the issue involved in both these writ petitions is similar, they are heard and disposed of by this common order. Whether there are any encroachments or not as submitted by Sri Velivela Sreenivasa Rao, learned counsel for the petitioner, it is for the authorities to decide after making necessary enquiries, and that is the reason why this Court specifically directed the 2nd respondent to look into the representation submitted by Smt Vijayameri and to take necessary action. Of course, it is the contention of the petitioners in WP No.27389 of 2008 that there are no encroachments. But, this Court cannot decide the said issue and the proper authority to decide the same is the Commissioner- Mangalagiri Municipality. In that view of the matter, this Court is of the view that both the writ petitions can be disposed of with the following observations: The Commissioner-Mangalagiri Municipality may issue notice to both the parties fixing a day for hearing, within a period of two weeks from today, and on appearance of the parties, the Commissioner-Mangalagiri Municipality may hold a detailed enquiry, come to the conclusion and decide as to whether there are any encroachments as stated by Smt Vijayameri and pass appropriate orders. It is needless to observe that till such an exercise is done, no coercive steps shall be taken. Accordingly, both the writ petitions are disposed of. No costs. _________ 18-12-2008 Note: Issue order copy by wire at Party’s costs. (B.O) rkk