IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 9550 of 2001 Between: Deenaboina Yadagiri S/o Kistaiah R/o 2-3-7/10, Police Quarters, Hanamkonda, Warangal District. ..... PETITIONER AND 1 The Commissioner, Municipal Corporation Warangal. 2 The Inspector of Police Police Station Hanumakonda. 3 K.P.Raju S/o Vittal Rao R/o H.No. 2-2-538, Kishanpura, Hanamkonda, Warangal District. 4 Satyavardhan Reddy R/o H.No. 2-2-538, Kishanpura, Hanamkonda, 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 to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the Respondent No.1 in not taking steps for demolition of illegal construction made by the Respondents 3 and 4 in the part of the petitioner's plot bearing No.2-2-539 situated at Lashkar Singaram, Kishanpura, Hanamkonda, is highly arbitrary, bad and illegal and also declare the respondents the action of respondent No.2 in interfering with the plot bearing No.2-2-259 situated at Lashkar Singaram Kishanpura, Hanamkonda is highly arbitrary bad and illegal and consequently direct the first respondent to demolish the illegal contruction made in the plot bearing No.2-2-539 situated at Lashkar Singaram, Kishanpura, Hanamkonda by the Respondents 3 and 4 pass Counsel for the Petitioner:None appeared Counsel for the Respondents: None appeared The Court made the following : ORDER: The petitioner seeks to issue a writ of mandamus declaring the action of the respondent No.1 in not taking steps for demolition of illegal construction made by the respondents 3 and 4 in some part of his plot bearing No.2-2-539 situated at Lashkar Singaram, Kishanpura, Hanamkonda, and also to declare the action of the respondent No.2 in interfering with the said plot, as illegal and arbitrary and consequently to direct the first respondent to demolish the illegal construction made in the said plot by the respondents 3 and 4. None appears for the petitioner, so also for the respondents 3 and 4. It is the case of the petitioner that he got issued a legal notice dated 05.05.2001 to the first respondent stating that he is the owner of premises bearing No.2-2-539 situated at Lashkar Singaram, Kishanpura, Hanamkonda to an extent of Ac.0.04 guntas, but the unofficial respondents 3 and 4 are enjoying the said plot and in respect of the said property, O.S.No.536 of 2001 is also pending on the file of the II Additional Junior Civil Judge, at Warangal and therefore, the petitioner requested the first respondent to take appropriate action. I am of the opinion that the municipality cannot take any action in respect of the civil disputes among the private parties. If any suit is pending, it is for them to resolve the dispute before the Civil Court. But, there is no averment in the notice with regard to the illegal construction or seeking a relief of demolition of the house said to have been constructed by the unofficial respondents 3 and 4. In view of the aforesaid facts and circumstances of the case, I am of the opinion that no writ of mandamus can be issued against the private individuals and there is no relief claimed in the writ petition seeking demolition of the alleged illegal constructions and therefore, the petitioner is not entitled for any relief. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:03.04.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SRAVAN}