HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.22718 of 2011 Date:11.08.2011 Between: Yogendra Prasad Sharma ..... Petitioner AND Greater Hyderabad Municipal Corporation, Reptd., by its Commissioner, Hyderabad And another. .....Respondents Counsel for the Petitioner: Sri Jithender Rao Veeramalla Counsel for Respondents : Smt Akella Padma For Sri R.Radhakrishna Reddy, Standing Counsel for GHMC The Court made the following: ORDER: This writ petition is filed for a Mandamus to declare the action of the respondents in demolishing the petitioner’s Milk Booth in premises bearing No.21-1- 826/A, near Agarwal School, Rikab Gunj, Hyderabad, as illegal and arbitrary. The petitioner has averred in the affidavit, filed in support of the writ petition, that the A.P. Dairy Development Co-Operative Federation Limited, Hyderabad, has allotted Milk Sale Center at Agarwal School in favour of the petitioner on 12.01.1993, for a period of one year; that the Deputy Commissioner of respondent No.1 granted permission for installation of Milk Booth by collecting licence fees, apart from issuing No Objection Certificate, dated 25.01.1996. The petitioner alleged that the officials of respondent No.1 partially demolished his Milk Booth on 01.08.2011 at about 2.30 pm., with the help of the Police. It is further averred that if the Milk Booth is causing obstruction to traffic, the petitioner would have shifted the same to a suitable place if a prior notice was being given to him. At the hearing, Smt Akella Padma, learned counsel representing Sri R.Radhakrishna Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corporation, on instructions, submitted that the petitioner’s Milk Booth was already demolished as the same was coming in way of traffic. On the petitioner’s own showing, the permission was given only for a period of one year which expired in the year 1994 itself. Since then, it is common knowledge that the traffic in the twin cities has increased by leaps and bounds. Therefore, the action of the respondents in removing the unauthorised Milk Booth of the petitioner, which is admittedly situated on the site of the Municipal Corporation and obstructing the free flow of traffic cannot be found fault with. Inasmuch as the petitioner’s Milk Booth has already been demolished, no relief can be granted to the petitioner. For the above mentioned reasons, the Writ Petition is dismissed. As a sequel to dismissal of the Writ Petition, W.P.M.P.No.27775 of 2011 filed by the petitioner for interim relief is disposed of as infructuous. _____________________________ C.V.NAGARJUNA REDDY, J 11thAugust, 2011 DR