IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JULY TWO THOUSAND AND NINE PRESENT: THE HON'BLE MR JUSTICE V. ESWARAIAH and THE HON'BLE MR JUSTICE P. SWAROOP REDDY WRIT PETITION No.959 of 2009 Between: N.Ramesh S/o.Kistaiah R/o.H.No.42-156, Anjaiah Nagar, Jagadgiri Gutta, Quthbullapur Muncipal Circle & Mandal, Ranga Reddy District. ..... PETITIONER AND 1 The Institute of Lokayukta and Upa-Lokayukta, Hyderabad. Represented by its Registrar. 2 The Greater Hyderabad Municipal Corporation, rep. by its Commissioner and Special Officer, Tankbund Road, Hyderabad. 3 GHMC Quthbullapur Circle-15, represented by its Deputy Commissioner, Quthbullapur Mandal, Ranga Reddy 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 a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to set aside the order of the 1st respondent herein in vide complaint No.1088/2008/B1 dated 30.12.2008 and consequential Notice No.G/640/08 dated 19.01.2009 issued by the 3rd respondent herein as illegal, biased, arbitrary and pass such other order or orders. Counsel for the Petitioner : Mr. GADE VENKATESWARA RAO Counsel for the Respondents : R. RADHA KRISHNA REDDY (SC FOR GHMC,SNCZONE) The Court made the following : ORDER: (Per Hon’ble Sri Justice V. Eswaraiah) It is the case of the petitioner that he is the owner and possessor of the house bearing No.42-156 (Old No.37-154/167) consisting of ground + first floor, situated at Anjaiah Nagar, which was located in the Government land, Jagadgiri Gutta, Quthbullapur Municipal Circle & Mandal, Ranga Reddy District. He occupied 80 sq. yds., of land in Survey No.348/1 more than 25 years ago and constructed a temporary house. Thereafter, the Mandal Revenue Officer, assigned an extent of 50 sq. meters of land to the occupants pursuant to the orders of the Government in G.O.Ms.No.4975, Revenue Department, dated 10.10.1981. For the remaining 20 sq.yds., of land, as demanded by the Mandal Revenue Officer, he paid 75% of the market value amounting to Rs.290/- in the year 1986, and constructed a pucca house therein. While so, on the news item published in Andhra Jyothi News paper stating that balcony of the petitioner building is projecting into the public road, the first respondent-Lokayukta, suo moto, entertained the same as a complaint and passed orders, dated 30.12.2008 holding that the petitioner projected the balcony into the road and such construction is not covered by the Regularization scheme under the Building Penalization Scheme, and directed the Deputy Commissioner-third respondent to take appropriate action as to the nature of occupation, and to file a report. Pursuant to the said order of the Lokayukta, the third respondent issued notice dated 19.01.2009 to the petitioner directing him to remove the balcony of the building projecting into the road within seven days from the date of receipt of the said notice, failing which the building would be demolished. Aggrieved by the same, the present writ petition is filed. Pursuant to the order of the Lokayukta, a representation was made before this Court on 28.01.2009 by the learned Standing Counsel for respondent Nos.2 and 3 that appropriate action is to be taken in pursuance of the direction given by the Lokayukta, and therefore a notice under Section 452 of the Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’) is to be issued to the petitioner and only after hearing the petitioner, appropriate action will be taken in accordance with law. Pursuant to the said submission, the third respondent issued notice No.G/640/2008-09 dated 13.03.2009 under Section 461 of the Act directing the petitioner to remove the unauthorized construction made in the aforesaid premises No.42-156 (Old No.37-154/167) within one week on the ground that the said house was constructed without any permission. Thereupon, on 23.03.2009, the learned Standing Counsel for the Municipal Corporation made a submission before this Court that notice under Section 452 of the Act has already been issued to the petitioner and upon receiving the reply from the petitioner appropriate action shall be taken by the Corporation. Accordingly, the third respondent again issued a notice No.G/640/08-09 dated 20.03.2009 under Section 452 of Act, calling upon the petitioner to submit an explanation as to why the unauthorized construction of the said building should not be removed or demolished if no suitable explanation is filed within 10 days. It is stated that pursuant to the said notice, the petitioner submitted explanation, dated 28.03.2009, which was received by the office of the third respondent on 29.03.2009. The main grievance of the petitioner is that without considering his explanation, the third respondent issued Notice No.G/640/2008-2009 dated 27.04.2009, stating that he is not eligible for claiming the exemption given under G.O.Ms.No.422, M.A, dated 31.07.1998 and directed him to demolish the building within seven days from the date of the receipt of the said notice. The said order has been questioned in W.P.No.10122 of 2009. In view of the aforesaid facts and circumstances, we are of the opinion that in view of issuance of Notice No.G/640/08-09 dated 20.03.2009 under Section 452 of the Act, and the explanation submitted by the petitioner on 28.03.2009, which was received by the third respondent on 29.03.2009, pursuant to which a final notice was also issued on 27.04.2009, which is the subject matter of W.P.No.10122 of 2009, this writ petition has become infructuous. In view of the fact that the action has already been taken by the Municipality under the provision of the Act, we are of the opinion that the complaint suo moto entertained by the Lokayukta does not survive and the same stands closed. Accordingly, the Writ Petition is dismissed as infructuous. ______________________ V. ESWARAIAH, J ______________________ P.SWAROOP REDDY, J Date: 6th July, 2009 Kl/Js