THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 2236 of 2009 28-08-2009 Oral Order: This writ petition assails the notice dated 05-02- 2009 issued by the 3rd respondent purportedly under Section 402 read with Section 452 of the Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’). The notice was issued consequent on the interim direction granted in W.P.No. 5592 of 2007. This writ petition has been dismissed today on the ground that on account of the failure of (a) the erstwhile Mansoorabad Grampanhayat; (b) the L.B.Nagar Municipality; and (c) now the Greater Hyderabad Municipal Corporation in maintaining and retraining records relating to the approved layout or layouts pertaining to Rocktown Colony but whose legitimacy in the form of an approved layout is not established, no relief could be granted. The writ petitioner was served with the impugned notice alleging encroachment of open spaces earmarked for a park in an approved layout. The open spaces are purportedly earmarked in the layout of Dr. T. Srinivasulu and others in survey Nos. 66/11 and 66/12 of Mansoorabad village. As recorded in the judgement in W.P.No. 5592 of 2007, the Greater Hyderabad Municipal Corporation is itself not in a position to state with any certitude that there exists an approved layout, approved by the competent authority. The GHMC has confessed in the counter affidavit filed in W.P.No. 5592 of 2007 that it is not in possession and custody of the original of the approved layout and has only a Xerox copy. As has been recorded in the said writ petition, the Commissioner of GHMC is also on record stating that the Corporation is not in a position to assert that there is an approved layout. In the circumstances above, the petitioner is at liberty to respond to the impugned notice. Such response will be considered by the respondents in accordance with the authentic records available to come to a rational and reasoned conclusion as to whether the construction by the petitioner is authorized or is otherwise in areas earmarked towards open space or parks in any approved layout. With these observations, the writ petition is disposed of. No costs. ____________________ GODA RAGHURAM, J Dated: 28-08-2009 Pvks