IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 16137 of 2005 Between: Smt.Kondakalla Padmavathi, w/o K.Mohan Reddy, R/o 4-4-169, Attapur Village, Rajendranagar Mandal, Ranga Reddy District. ... PETITIONER AND 1 The Commissioner, Rajendranagar Municipality, Rajendranagar, Ranga Reddy District. 2 Hyderabad Urban Development Authority rep., by Vice- Chairman, Paigaplaja, Begumpet, Hyderabad. ... 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 writ, order or direction, more particularly one in the nature of "WRIT OF MANDAMUS" declaring the action of the respondents in stopping of reconstruction and attempt to demolish the compound wall around the open land with house bearing No.4-8- 149/2/1 in Sy.No.369/1, admeasuring 0.34 guntas, situated at Sainagar, Attapur Revenue Village, Rajendranagar Mandal, Ranga Reddy District on the ground of non-obtaining construction permission is without authority of law as illegal, arbitrary and violative of principles of natural justice and violative of Art.14, 19 and 21 of Constitution of India and contrary to A.P. Municipalities Act and Building Rules framed there-under and consequently award compensation for illegal action of the respondents. Counsel for the Petitioner: MR.M.LAXMAN Counsel for the Respondents: SMT.KALPANA EKBOTE The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 16137 of 2005 O R D E R: This writ petition is filed seeking a declaration that the alleged action of the respondents in stopping the reconstruction and the attempt to demolish the compound wall around the open land with house bearing No.4-8-149/2/1 in Sy.No.369/1 admeasuring Ac.0.34 guntas situated at Sainagar, Attapur Revenue Village, Rajendranagar Mandal, Rangareddy District is arbitrary and illegal. This Court, while directing Rule Nisi, by order dated 22.07.2005 in W.P.M.P.No.20497 of 2005, granted interim direction not to demolish or stop the reconstruction of the compound wall without following due process of law. A counter-affidavit has been filed by the first respondent-Commissioner, Rajendranagar Municipality denying the alleged interference with the construction of the compound wall by the petitioner and stated that the writ petition was only on a mere apprehension of the petitioner. It is further stated that the competent authority to grant permissions to the sites abutting to major and arterial roads i.e., National Highways, State Highways and ring roads, is the Hyderabad Urban Development Authority and since the site is in question is abutting the ring road the petitioner should approach Hyderabad Urban Development Authority for permission to develop the site in question. Having heard the learned counsel for both the parties and having regard to the nature of the controversy, without expressing any opinion as to the entitlement of the petitioner to proceed with the constructions in question, the writ petition is disposed of with a direction to the respondents not to interfere with the possession and enjoyment of the petitioner in respect of the property in question including construction of the compound wall without following due process of law. No costs. ___________ G.ROHINI,J 13th February 2009 KH