HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.17991 OF 2008 Date: 08th July 2010 Between: Shaik Mahboob & another. … Petitioner And The Commissioner, GHMC, Hyderabad & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.17991 OF 2008 ORDER: This writ petition is filed, seeking to declare the action of respondents 1 to 5, in allowing respondent No.6 to encroach upon the road approach, belonging to the Government, with a further direction to respondent No.6 to deliver the vacant physical possession of the land to the 1st respondent-Commissioner. Petitioners claim to be residents of Brahmin Basthi and are regularly using the road in front of H.No.12-11- 198/B/1, Brahmin Basthi, Warasiguda, Secunderabad. It is their grievance that in view of the constructions made by respondent No.6 encroaching on the land belonging to respondents 1 to 5, inconvenience is caused to them. Pleading encroachment as such on the part of respondent No.6, petitioners seek for the relief as referred above. Counter affidavit is filed on behalf of respondents 1 to 3. A separate counter affidavit is also filed by respondent No.5-Mandal Revenue Officer. In the counter affidavit filed on behalf of respondents 1 to 3, while denying the various allegations made by the petitioners, it is stated that there was a valid building permission, dated 31st of August 2005, issued by the 1st respondent- Commissioner in favour of respondent No.6, for construction of ground + 3 upper floors in the premises bearing No.12-11-195/1, subject to certain conditions. It is also stated that respondent No.6 has constructed the building as per the boundaries shown in the plan and no encroachments are noticed on the Government land or road, as alleged by the petitioners. In the counter affidavit filed by respondent No.5 also, it is categorically stated that the land in question is a private land and Government have no interest in the said land. The relief sought for in the writ petition is only on the basis of alleged encroachment by respondent No.6, but from the counter affidavits filed on behalf of respondents 1 to 3 and 5, it is clear that there is no encroachment at all. In that view of the matter, there is no basis for the allegation of petitioners about the alleged encroachment and constructions made by the 6th respondent on the land belonging to the Government. For the aforesaid reasons, the writ petition is devoid of merit and it is accordingly dismissed. No order as to costs. ______________________ R. SUBHASH REDDY, J 8th July 2010 ajr