IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 9404 of 2008 Between: 1) V.Sambasiva Rao S/o.Venkata Ramaiah R/o.MIG-145, KPHB colony Kukatpally, Hyderabad 2) K.Suryanarayana Murthy S/o.K.V.R.Sastry R/o.Flat No.202, Kamala Srigiri Apartments Vivek Nagar,Chikkadpally, Hyderabad 3) Smt.G.Krishna Kumari W/o.M.V.S.R.Kumar R/o.HIG-27, KPHB colony Hyderabad 4) Smt.K.Rama Devi W/o.K.V.Deenanath R/o.7/3RT Ameerpet colony Hyderabad ..... PETITIONERS A N D 1 The Commissioner of Police, Cyberabad, Lakdikapool, Hyderabad 2 The Greater Hyderabad Municipal Corporation represented by its Chief Commissioner & Special officer,Tank Bund Road, Hyderabad 3 The Inspector of Police, Kukatpally Police station Kukatpally, Hyderabad 4 The Government of Andhra Pradesh, represented by its Principal Secretary to Government, Home Department, secretariat Buildings, Hyderabad . 5 The AP Housing Board, represemted by its Chairman & Managing Director, Gruhakalpa, Nampally,Hyderabad, M/s.Serene Estates Private Limited, represented by its Managing Director, NSLICON,8-2-648/2/A, Opp:ICICI Bank Road No.12, Banjara Hills, Hyderabad-34 .....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 in the nature of writ of mandamus declaring the action of the respondents 1 to 3 in allowing the respondent No.6 to conduct indiscriminate blasting operations in its site S-4 situated at Phase-I of KPHB colony, Hyderabad causing danger to the life and property of the residents of the locality including the petitioners in spite of the complaints made by the petitioners as illegal, arbitrary, and violative of Art.14 and 21 of the Constitution of India and consequentially to direct the respondents 1 to 4 to take immediate action against the respondent No.6 by preventing any blasting operations at its site S-4 situated in Phase-I of KPHB colony, Kukatpally, Hyderabad and to pass such other and further order or orders, as this Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.M.SUDHIR KUMAR Counsel for the Respondent: GP FOR HOME The Division Bench made the following Order: (Per the Hon’ble Sri Justice D.S.R.Varma) THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE MS. JUSTICE G.ROHINI Writ Petition No.9404 of 2008 Oral Order: (per D.S.R.Varma, J.) Heard Sri M.Sudheer Kumar, learned Counsel appearing for petitioners; learned Government Pleader for Home appearing for respondents 1, 3 and 4; Smt. Kalpana Ekbote, learned Standing Counsel appearing for respondent No.2-The Greater Hyderabad Municipal Corporation (GHMC); and Ms. G.Sudha, learned Standing Counsel appearing for respondent No.5-The A.P.Housing Board (APHB). 2. This writ petition is filed for a writ of mandamus, declaring the action of respondents 1 to 3 in allowing respondent No.6 to conduct indiscriminate blasting operations in its site S-4 situate at Phase-I of KPHB Colony, Kukatpally, Hyderabad causing danger to the life and property of the residents of the locality including the petitioners in spite of the complaints made by the petitioners as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequentially to direct respondents 1 to 4 to take immediate action against respondent No.6 by preventing any blasting operations in its site S-4 situate at Phase-I of KPHB Colony, Kukatpally, Hyderabad and to pass such other suitable orders as this Court may deem fit and proper in the circumstances of the case. 3. This is a public interest litigation whereby the petitioners are aggrieved by the action of blasting operations being conducted by respondent No.6 and the inaction of the Commissioner of Police in not taking cognizance of the complaint made in that regard. 4. It is their further grievance that because of blasting operations that are being continuously done, the same is causing huge loss to the neighbouring inhabitants by causing damages to their houses and the property and also it appears that the said blasting activity is causing in- serenity in the locality. Hence, the present writ petition. 5. Upon being questioned, the learned Government Pleader for Home brought to our notice that respondent No.6 has been undertaking the blasting operations since 03-01-2007. In that connection, when respondent No.6 approached the District Revenue Officer-cum-Additional District Magistrate, after verifying the records and conducting the inquiry, ‘No Objection Certificate’ was accorded to M/s. Serene Estates Private Limited, Secunderabad vide Proceedings No.C-3/3214/2007, dated 03-11-2007. The said ‘No Objection Certificate’ is valid for a period of 6 months w.e.f. 03-11-2007 for blasting and excavation work at site S-4, KPHB Colony, Kukatpally, Hyderabad. 6. Apart from the above information, the learned Counsel appearing for petitioners stated that in recent times, the blasting activities are stopped because of filing of the writ petition. 7. Whatever may be the reason, since there is no blasting activity as of now, even if respondent No.6 is permitted to undertake the blasting operations, the same is coming to an end by 03-5-2008, therefore, no further adjudication is required at present. 8. Accordingly, no further orders need be passed nor further probe need be made. 9. In the result, the writ petition is closed, at the stage of admission. No costs. ___________________ JUSTICE D.S.R.VARMA ___________________ JUSTICE G.ROHINI 02nd May, 2008. IsL