IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.7635 of 2005 Between: Smt. G. Suryakala W/o G. Venkat Reddy R/o Beerappagadda, Uppal, Ranga Reddy District ..... PETITIONER AND 1 The Commissioner, L.B. Nagar Municipality Saroornagar, Ranga Reddy District 2 The Commissioner, Hyderabad Urban Development Authority, Nampally, Hyderabad 3 M/s. M.G. Construction, rep by Managing Director Office at 5-21/A, Durga Nagar, Dilsukhnagar, Hyderabad .....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 Writ or directions or orders more particularly Writ of Mandamus declaring the action of the respondents not removing the unauthorized and illegal construction of boundary wall and gate constructed on existing wide road by the 3rd respondnet withoutany appropved layout and plan permission constructed in the locality of Sy. No. 136, 381 and 382 of Anmagal Hayathnagr, L.B. Nagar Municipality, Ranga Reddy District, arbitrary illegal and bad and inhuman apart from violative of letter and spirit ofconstitution of India and consequentlydirect the 1st respondnet to take necessary action to remove the unauthorized and illegal construction made without any approved layout and plan permission in the above locality and pass such other order/ orders as this Hon'ble Court deem fita nd proper in the interest of justice. Counsel for the Petitioner:MR.MOHD MUMTAZ PASHA Counsel for the Respondent No.: MR.P.RADHAKRISHNA The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.7635 of 2005 ORDER: Heard the learned counsel appearing for the petitioner. It is the case of the petitioner that she is the owner and possessor of the land admeasuring Ac.15-5 gts., in Sy.Nos.136, 381 and 382 situated at Anmagal Village, Hayathnagar Mandal, L.B.Nagar Municipality, Ranga Reddy District. Land admeasuring Ac.8-14 gts., originally belonged to her grand father late Sri P.Rajaram Reddy and during his life time, the said land was partitioned among his sons and daughters and the petitioner is the daughter of Sri P.Narsimha Reddy, who got the share of Ac.1-21 gts. and there were some civil disputes with regard to the said property and an appeal is said to have been pending before this Court. While so, the 3rd respondent without obtaining any permission and without obtaining any layout, constructed houses, walls and erected a gate on the existing wide road causing much difficulty to the locality people as well as the petitioner. Therefore, the petitioner questions the action of respondents 1 and 2 in not taking any action for removal of the illegal constructions said to have been made by the 3rd respondent. Earlier, the 1st respondent filed counter in the month of April, 2005 stating that the 3rd respondent made illegal layout in Sy.Nos.136, 381 and 382 of Anmagal Village, Hayathnagar Mandal, Ranga Reddy District, for an extent of Ac.7-06 gts., with 150 numbers of residential plots and therefore, the 1st respondent issued notice, dated 17-09-2004, as required under Sections 184 and 185 of A.P.Municipalities Act, 1965 (for short “the Act”), for removal of unauthorized fixing of stones in the said land and removal of the roads as well as sanitary pipeline. Even after receipt of the notice, the 3rd respondent has not removed the illegal constructions and therefore, the 1st respondent removed the same on 22-09-2004. For the aforesaid counter, no reply has been filed. However, pursuant to the directions of this court to file additional counter, an additional counter has been filed stating that erstwhile L.B.Nagar Municipality was merged with the Greater Hyderabad Municipal Corporation with effect from 16-04-2007. It is stated that the unauthorized fixing of stones, illegally laid roads as well as sanitary pipeline were already removed by the officials of the then L.B.Nagar Municipality on 22-09-2004, after issuing notice under Sections 184 and 185 of the Act. It is further stated that the said land admittedly belongs to one Sri P.Rajaram Reddy, S/o.Ramaswamy Reddy and it appears that layout has been obtained from the Hayathnagar Gram Panchayat. However, it is stated that presently no illegal constructions are going on and there are certain boundary disputes between the petitioner and the plot owners in question and the said boundary disputes cannot be decided in the writ petition. But, however, it is stated that if there are any illegal constructions, the Corporation shall issue notice under Section 452 of the Act by giving reasonable opportunity and after receipt of the said notice, if the party fails to comply with the same, the Corporation is empowered to issue final notice under Section 636 of the Act for removal of illegal constructions. As it is stated that the illegal constructions have already been removed, I am of the opinion that nothing survives in the writ petition and therefore, the same is liable to be dismissed. However, the learned counsel appearing for the petitioner submits that recently obtained photographs show that there are certain illegal constructions of the houses. Admittedly, the petitioner has not furnished any material particulars with regard to the existence of the illegal constructions of the houses and that it is not known who made illegal constructions in the land in question. However, if any illegal constructions are made, it is always open for the petitioner either to approach before the Civil Court to resolve the dispute or make a representation before respondents 1 and 2 for taking appropriate action. Accordingly, the writ petition is dismissed. There shall be no order as to costs. __________ 18-04-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}