IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.367 of 2009 Between: Major (Retd) Are Satyanarayana, S/o A.Hanumanthu, Hindu Retd.,B.A.LL.B r/o H.No.303, Block No.3-B Divyashakthi Apartments, Ameerpet, Hyderabad. ..... PETITIONER AND 1 The Municipal Commissioner Markapur Municipality, Markapur, Prakasam District. 2 The Station House Officer PS, Markapur, Markapur, Prakasam District. 3 Yellikara Thiruvengaleiah, s/o Rangaiah, R/o 1-205/J/28, Ward No.I, Markapur, Prakasam District. 4 Tandava Narahari S/o. Narasimha Rao R/o. Markapur I Ward, Prakasam District. .....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 any writ order or directions more particularly one in the nature of writ of Mandamus declaring the action of the 1st and 2nd respondents in not demolishing the unauthorized constructions of the 3rd and 4th Respondents in Plot No. 40 in SY.No.404 Admeasuring 400 sq. yards situated at Markapur, Prakasam District as per approved plan and lay out still in force and in not arresting them is illegal, arbitrary unjust, contrary to the provisions of the A.P. Municipalities Act 1965 ad contrary to the terms of the Judgment reported in 2004(2) ALT 460 and to pass such other order or orders Counsel for the Petitioner: MR.V.PADMANABHA RAO Counsel for the Respondent No.1: MR.S.NAGESWARA REDDY, SC FOR MUNICIPALITY Counsel for the Respondent No.2: GP FOR HOME Counsel for the Respondent Nos.3 to 4: The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.367 of 2009 ORDER: Heard the learned counsel for the petitioner, the learned Standing Counsel for Markapur Municipality appearing for the first respondent and the learned Government Pleader for Home appearing for the second respondent, and at their request the writ petition is taken up for disposal at the admission stage itself. The writ petition is filed questioning the action of respondents 1 and 2 in not demolishing the unauthorized constructions raised by respondents 3 and 4 in Plot No.40 in SY.No.404 admeasuring 400 square yards situated at Markapur, Prakasam District in violation of the approved plan. The case of the petitioner is that he is a member of Markapur Public Servants Cooperative Society Limited and he was allotted 400 square yards of site in Plot No.40 in Survey No.404 of Markapur Village and later a sale deed was executed in his favour by the Society and possession was also delivered to him. It is further stated that respondents 3 and 4 encroached upon the plot belonging to the petitioner and made illegal constructions without any authority of law and without obtaining any permission or approved plan from the first respondent Markapur Municipality. Therefore, he approached respondents 1 and 2 and made representations on 27.11.2006 and 23.04.2007 to demolish the unauthorised constructions in the said plot, in vain. Hence, this writ petition. The learned Standing Counsel appearing for the first respondent and the learned Government Pleader for Home appearing for the second respondent submit that since the representations of the petitioner are pending consideration before respondents 1 and 2, instead of this Court going into merits of the matter, respondents 1 and 2 may be directed to dispose of the representations of the petitioner expeditiously, for which course of action, learned counsel for the petitioner also agreed. In the circumstances, without going into the merits of the matter, the writ petition is disposed of directing respondents 1 and 2 to consider the representations of the petitioner dated 27.11.2006 and 23.04.2007 and pass appropriate orders in terms of the provisions of the A.P. Municipalities Act, 1965, after issuing notices to the effected parties, expeditiously. N.V. RAMANA, J Date: 20.01.2009 va/msv