IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 14929 of 2008 Between: 1. Bheemanathi Rajeshwer S/o. Narayana R/o. H.No. 1-3- 118, Ailapoor Road, Koratla Proper and Mandal, Karimnagar District. 2 Mamidipalli Raja Bhoomaiah S/o. Pedda Bhoomaiah R/o. H.No. 1-3-107/3, Ailapoor Road, Koratla Proper and Mandal, Karimnagar District. ..... PETITIONERS AND 1 The Koratla Municipality Rep. by its Commissioner, Koratla, Karimnagar District. 2 Thota Gangadhar S/o. Lingaiah R/o. H.No. 1-3-4, Prakasam Road, Koratla Proper and Mandal, Karimnagar District. 3 Sadubathula Hariprasad S/o. Narayana R/o. H.No. 5-2-126, Rathalapump Area Korati Proper and Madnal, 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 more particularly one in the nature of writ of Mandamus or any other appropriate order or direction declaring the action of the respondent NO.1 in not taking any action in pursuance of the orders issued by the Respondent No.1 himself for removing the illegal construction of the basement made by the respondents No. 2 and 3 occupying the 10 fts road opposite to Brahmamgari Temple, Adjacent to Peddammagudi in Sy.No. 1502 and 1503 situated at Ailapoor Road, Koratla Proper and Mandal, Karimnagar District 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 of the A.P. Municipalities Act consequently direct the respondent No. 1 to take immediate steps for removing the illegal construction which is made by the respondents no. 2 and 3 occupying the 10fts road opposite to Brahmamgari temple, adjacent to Peddammagudi in SY.No. 1502 and 1503 situated at Ailapoor Road, Koratla proper and Mandal, Karimnagar District. Counsel for the Petitioner: MR.K.VENUMADHAV Counsel for the Respondent No.1: MR.POLISETTY RADHA KRISHNA(SC FOR MPL(TA)) Counsel for the Respondent Nos.2&3: MR.S.SUDHARSHAN The Court made the following : ORDER: This writ petition has been ﬁled by the petitioners, who are 2 in number, assailing the inaction of the 1st respondent pursuant to the orders dated 17.03.2007 and 26.02.2008 issued under Section 193 of the Andhra Pradesh Municipalities Act, 1965. 2. The petitioners claim to be the owners and possessors of the houses situated in the locality of Ailapoor Road, Koratla. According to them, the respondents 2 and 3 are constructing compound wall without any permission by encroaching the road margin to the extent of 10 feet opposite to Kummari Sangham. They submitted a representation to the 1st respondent to take necessary action against the respondents 2 and 3 for removal of the illegal constructions. Thereupon, the 1st respondent issued notices to the respondents 2 and 3 and subsequently not pursued the notices. Therefore, the petitioners approached this Court invoking the jurisdiction under Article 226 of the Constitution of India. 3. Notice before admission came to be ordered on 11.07.2008. The respondents entered appearance through their respective counsel and filed counter-affidavits. 4. When the writ petition came up for admission hearing, with the consent of the learned counsel appearing for the parties, it is taken up for final disposal. 5. Heard learned counsel appearing for the petitioners and learned standing counsel appearing for the 1st respondent and learned counsel appearing for the respondents 2 and 3. 6. Learned counsel appearing for the petitioners submits that the 1st respondent having issued the notices under Section 193 of the A.P.Municipalities Act, 1965 is not proceeding further and therefore, a direction is required to be given to the 1st respondent to initiate further action pursuant to the notices already issued to the respondents 2 and 3 with regard to the removal of illegal constructions made by them. 7. Learned Standing Counsel appearing for the 1st respondent submits that there are no laches on the part of the 1st respondent in pursuing the removal of illegal constructions made by the respondents 2 and 3. He further submits that the respondents 2 and 3 ﬁled a civil suit being O.S.No.53 of 2008 on the ﬁle of the Junior Civil Judge, Metpally and obtained Status quo order and thereby the 1st respondent is disabled to proceed further pursuant to the notices issued under Section 193 of the A.P.Municipalities Act, 1965. 8. Learned counsel appearing for the respondents 2 and 3 submits that the constructions made by the respondents 2 and 3 are well within the property owned by them and that they have not encroached any road portion. 9. A fact remains that the respondents 2 and 3 ﬁled a suit being O.S.No.53 of 2008 on the ﬁle of the Junior Civil Judge, Metpally and obtained Status quo order. So long as the Status quo order is in operation, the constructions made by the respondents 2 and 3 cannot be meddled with. 10. In that view of the matter, the writ petition is disposed of at the admission stage directing the 1st respondent to initiate further action pursuant to the notices issued to the respondents 2 and 3 under Section 193 of the A.P.Municipalities Act, 1965, as and when the Status quo order is vacated by the civil Court. No costs. ________________________ B.SESHASAYANA REDDY, J. Date:22nd October, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}