HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.7625 of 2005 Date : 05.12.2009 Between : M. Jayaram Reddy & others. …..Petitioners And Kukatpally Municipality, Ranga Reddy District, rep. by its Commissioner. …..Respondent HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.7625 of 2005 ORDER : In this writ petition, the petitioners seek directions by way of Mandamus, declaring the notices, dated 16.03.2005 and 02.04.2005, issued by the respondent- Municipality as illegal and arbitrary. 2. In the impugned notices, referring to the objection of Sri P. Goverdhan Reddy, Former Minister, dated 08.02.2005, an allegation is made against the petitioners that they have constructed the building unauthorizedly by encroaching upon a 40 feet wide approach road. A perusal of the notices dated 16.03.2005 and 02.04.2005 shows that there is no direction for removal of the alleged encroachments. Although it is submitted by the learned counsel for petitioners that no opportunity is given to them before issuing the impugned notices, but the said notices are only the show cause notices. If the constructions made by the petitioners do not come under the 40 feet wide approach road as alleged, it is for them to produce the relevant documents before the respondent- Municipality. As such, in the absence of any final notice for removal of the constructions made by the petitioners, there is no reason for them to seek invalidation of such notices, at this stage. 3. As much as it is stated that the petitioners are prepared to submit all the relevant documents to the respondent-Municipality, I dispose of the writ petition, permitting the petitioners to submit such documents within a period of six weeks from today. Upon filing such documents, the respondent-Municipality shall consider the same and take appropriate decision in the matter. However, it is needless to observe that if any further steps are to be taken in the matter, such steps shall only be taken only after issuing notices to the petitioners. 4. Subject to above directions, the writ petition is disposed of. No order as to costs. _____________________ R.SUBHASH REDDY, J 5th December 2009 ajr