IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 26696 of 2008 Between: Smt. V. Saraswathi W/o. V. Subrahmanyam Residing at D.No. 20-1-169, Maruthi Nagar, Korlagunta, Tirupati Town, Chittoor District. ..... PETITIONER AND 1 The Commissioner Tirupati Municipal Corporation Tirupati, Chittoor Dist. 2 The Tahsildar Tirupati Urban Mandal Chittoor Dist. 3 R. Munemma W/o. R. Ram Chandra Reddy R/o. D.No. 20-1-170/C, Korlagunta, Tirupati Town, Chittoor Dist. 4 D. Raghu S/o. K. Armugam R/o. D.No. 20-1-134/A/1, Maruthi Nagar, Korlagunta, Tirupati Town, Chittoor Dist. 5 A. Bala Saraswathi W/o. now known to the petitioner R/o. D.No. 20-1-17/C, Maruthi Nagar, Korlagunta, Tirupati Town, Chittoor Dist. 6 N. Mahesh S/o. Rama Chandra R/o. D.No. 20-1-137/D, Maruthi Nagar, Korlagunta, Tirupati Town, Chittoor Dist. 7 C. Muni Reddy S/o. not known to the petitioner CMR. Cmplex, D.No. 20-1-263/C4, Tirumala Bye Pass Road, Near Korlagunta, Tirupati Town, Chittoor Dist. .....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 in the nature of a writ of mandamus or any other appropriate writ, direction, order or orders declaring the action of the official respondents 1 and 2 in not demolishing the illegal structures across a lane width of 15 feet passage on the northern side of the petitioner's site bearing D.No. 20- 1-170/B1, admeasuring an extent of 66.66 sq.yards in Sy.No.12/1 situated at Maruthi Nagar, Korlagunta behind the Tirumala Bye Pass Road, Tirupati Town, made by the respondents 3 to 7, as wholly arbitrary, illegal and without jurisdiction and void; and violated the principles of natural justice and affecting our rights guaranteed under article 14, 19(1)(g) and 300 A of Constitution of India and consequently direct the respondents 1 and 2 to demolish the illegal structures covered by the 15 feet passage on the northern side of the petitioner's house bearing D.No. 20-1-170/B1, admeasuring an extent of 66.66 sq.yards in Sy.No.12/1 situated at Maruthi Nagar, Korlagunta behind the Tirumala Bye Pass Road, Tirupati Town, Chittoor District. Counsel for the Petitioner: MR.V.ESWARAIAH CHOWDARY Counsel for the Respondent No.: MR.S.I.NEWTON The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No : 26696 of 2008 O R D E R : This writ petition is filed seeking a declaration that the inaction on the part of the respondents 1 and 2 in considering the request of the petitioner to remove the alleged illegal constructions made by the respondents 3 to 7 herein encroaching upon the passage leading from the petitioner’s house bearing No.20-1-170/B1, Maruthinagar, Korlagunta, behind Tirumala Bye pass road, Tirupathi Town is arbitrary and illegal. Having heard the learned counsel for the petitioner as well as the learned standing counsel appearing for the Corporation (respondent No.1) and having regard to the controversy involved, I deem it appropriate to dispose of the writ petition granting liberty to the petitioner to make a complaint in writing before the respondent No.1 furnishing the particulars of the alleged illegal constructions made by the respondents 3 to 7. If any such representation/complaint is made, the first respondent shall receive the same and pass appropriate orders in accordance with law as expeditiously as possible preferably within a period of four weeks from the date of receipt of such application/complaint. However, it is made clear that before passing any such order, the respondents 3 to 7 herein shall be given an opportunity to rebut the allegations made by the petitioner. Accordingly, the writ petition is disposed of. No costs. ______________ G. ROHINI, J Dated: 29-06-2009 KLP