IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 15035 of 2008 Between: N. Raghava Chari, S/o. Narayana, R/o. H.No. 1-9-438/1, Ramnagar, Metpally Proper and Mandal, Karimnagar District. ..... PETITIONER AND 1 The Metpally Municipality, Rep. by its Commissioner, Koratla, Karimnagar District. 2 Korukanti Narsing Rao, S/o. Not Known to the Petitioner, R/o. H.No. 1-9-410, Ramnagar Metpally Proper and Mandal, Karimnagar 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 may be pleased to issue an order or direction declaring the action of the respondent No.1 in not taking any action considering the representation ﬁled by the Petitioner dated 13-6-2008 against the illegal construction of a compound wall which is being made by the respondent No.2 occupying the road opposite to the house of the Petitioner in Ramnagar locality, of Metpally proper and Mandal, Karimnagar, is arbitrary, illegal, null and void and violative of Articles 14, 19 and 21 of the Constitution of India and also violative of the provisions fo the A.P. Municipalities Act Consequently direct the respondent No.1 to take immediate steps for removing the illegal construction which is being made by the respondents No.2 occupying the road opposite to the house of the Petitioner in Ramnagar Locality, Metpally proper and Mandal, Karimnagar District. Counsel for the Petitioner: MR.K.VENUMADHAV Counsel for the Respondent No.1: MR.P.RADHAKRISHNA, Standing Counsel. Counsel for the Respondent No.2: NONE The Court made the following : ORDER: This writ petition has been ﬁled by N.Raghavachari, assailing the inaction of the Metpally Municipality-1st respondent on his representation dated 13.06.2008 complaining unauthorized constructions on the road portion made by Korukanti Narsing Rao-2nd respondent. 2. The petitioner claims to be the owner of the premises bearing H.No.1-9-438/1, Ramnagar, Metpally. He claims to have left 9 feet width of his own site for the purpose of road so as to make the existing width of the road from 9 feet to 18 feet. He submitted representation dated 13.06.2008 to the 1st respondent-Municipality complaining that the 2nd respondent is making constructions on the road portion. There being no action on his representation, he approached this Court invoking the jurisdiction under Article 226 of the Constitution of India. 3. When the writ petition came up for admission, learned Standing Counsel of Metpally Municipality received notice on behalf of the 1st respondent. Despite service of notice, the 2nd respondent did not choose to enter appearance either in person or through a counsel. 4. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the 1st respondent- Municipality. 5. Learned counsel appearing for the petitioner submits that the 2nd respondent occupied a portion of the road and making unauthorized constructions and therefore, necessary action is to be initiated against the 2nd respondent for removal of the encroachment made by him. 6. Learned Standing Counsel appearing for the 1st respondent Municipality submits that in the representation submitted by the petitioner, the petitioner claims the road as that of him and therefore, there is no obligation on the part of the 1st respondent Municipality to remove the encroachments allegedly made by the 2nd respondent. 7. A fact remains that the petitioner submitted a representation dated 13.06.2008 to the 1st respondent- Municipality complaining the unauthorized constructions made by the 2nd respondent on the road portion and the same is pending. 8. In that view of the matter, the writ petition is disposed of at the admission stage directing the 1st respondent Municipality to pass appropriate orders on the representation dated 13.06.2008 submitted by the petitioner after putting on notice the affected party. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:26th September, 2008. Note: Issue C.C. within a week. B/o cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}