IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.23981 OF 2011 Between : M.Ratna Mohan Rao ... PETITIONER A N D Greater Hyderabad Municipal Corporation and others. …RESPONDENTS THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION NO.23981 OF 2011 ORDER: This Writ Petition is filed seeking to declare the action of respondent Nos.1 and 2 in demolishing the telephone booth of the petitioner erected on the back side of General Post Office, Adjacent to Sulab Complex, Ramakrishna Theatre Lane, Abids, Hyderabad, without issuing any notice as per law though the petitioner is having permission, as illegal and arbitrary. 2. Heard both sides. 3. The averments, in brief, stated in the affidavit filed in support of the Writ Petition may be stated as follows: Initially respondent No.2 accorded permission on 21.06.1993 to the petitioner for erecting the telephone booth in question. Thereafter, the petitioner made an application to the Telephone Department for sanction of additional public telephone connection. The said Department granted permission on 21.02.1995 as the petitioner had already erected the public telephone booth at the back side of General Post Office, Abids. The petitioner obtained necessary permission from respondent Nos. 2 to 5. Thereafter respondent No.5 inspected the place and issued ‘No Objection Certificate’ on 06.06.1995 for installation. The petitioner paid Rs.180/- to respondent No.2 towards rent and issued receipt on 27.06.1995. On earlier occasion, respondent Nos.1 and 2 dislocated the telephone booth of the petitioner without issuing any notice and respondent No.4 restored the same on 16.04.1998. While things stood thus, respondent No.1 earlier issued notice, dated 06.01.2006 under Section 402 of the Hyderabad Municipal Corporation Act, 1955 (for short, ‘the Act’) with a reference to the order of this Court passed in W.P.No.20228 of 2005, dated 27.12.2005, directing him to remove/vacate the encroachment within seven (7) days from the date of receipt of the notice, failing which the Corporation will remove the same under Section 405 of the Act without looking into the facts of the case. The petitioner challenged the said notice by way of filing W.P.No.788 of 2006 before this Court and this Court passed the order in favour of the petitioner on 12.06.2006. The petitioner on 12.01.2006 gave a reply to the notice, dated 09.01.2006, but no reply was given till date. Thereafter, the petitioner filed several representations to respondent No.2, but no replies have been given so far. Suddenly on 27.07.2011, at about 11:00 AM the authorities of respondent Nos.1 and 2 have demolished the public telephone booth without issuing any notice though the petitioner’s son who was present there had shown copies of all permission of respondents and order of this Court, dated 12.06.2006 in W.P.No.788 of 2006. The said officials stated that they received the order from this Court and the Collector and previous orders would not sustain. If the petitioner gets fresh order from this Court in the year 2011, they would not demolish the same. Hence, the Writ Petition. 4. It is not in dispute that the telephone booth in question is causing lot of traffic jam. The Municipal Corporation suggested the petitioner to shift the telephone booth in any other place by the side of the road in between Koti and Malakpet, where there is no traffic jam problem. In view of the fact that the petitioner has been doing business for more than two decades at the present place the petitioner is directed to submit an application to the respondents so as to provide a suitable premises for the purpose of erecting public telephone booth stating the location of the telephone booth, which may be erected in between the two places and thereafter, the Municipal corporation shall consider the same in accordance with law. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. ______________ K.C.BHANU, J DECEMBER 09, 2011. Note: Issue C.C. by one week. (B/o) YVL