IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND NINE :PRESENT: THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 21832 of 2003 Between: 1 Tunga Manjunath S/o. Late Tunga Rangappa R/o. Nagapalyam, Punganur Town, Chittoor District 2 Gopalappagari Gopal S/o. G.Thimmaiah D.No.8/104, Chinthala Street, K.K.Palyam Punganoor, Chittoor District ..... Petitioners AND 1 The Commissioner, Punganoor Municipality, Punganur, Chittoor District 2 The Chairman, Punganoor Municipality, Punganoor, Chittoor 3 The Station House Officer, Punganoor P.S. Chittoor District 4 Pabbithi V.Parthasarathi S/o.Late P.Venkata Subbaiah R/o.18/43, Bazar Street, Punganur, Chittoor District 5 Pabbithi Pandurangaiah Chetty s/o.P.Venkata Subbaiah Sree Ramanagar, MBT Road, Near Old Bus Stand Punganur, Chittoor 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 writ order or direction more particularly one in the nature of Writ of Mandamus directing the respondents 1 and 2 not to give permission to the 4th respondent for making any constructions on the road leading from West to East from Madras- Bombay Trunk Road to Sree Ramanagar in Sy.No.144/7 correlating to old Paimashi No.180 extent 0.23 cents Paiki Road Site measuring East to West 95½ feet, on Northern side 96½ feet on Southern Side North to South 16 feet on both side bounded on the East by land of P.Krishna Bhagavan; South house of Pandu Rangaiah Chetty ( respondent No.5), West: M.B.T.Road on Northby Vijaya Lodge and Samadula Thota owned by petitioner No.2 which is the subject matter of the writ petition; The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and the order of the High Court order dated 17-10- 2003 made in WPMP.No. 27254 of 2003 and upon hearing the arguments SRI R. VIJAYANANDAN REDDY, Advocate for the Petitioners and of Sri S.I.Newton S.C. for Municipality for the respondents 1 and 2, and of the Govt. Pleader for Home for the respondent No. 3, and of Sri K. Rama Mohan Advocate for the respondent No. 4 and of Sri R. Pawan Reddy Advocate for the respondent No. 5, the Court made the following: ORDER: This is a case where since 2003, the official respondents especially the Puganur Municipality have failed to file counter-affidavit. A perusal of the proceeding sheet shows that this case underwent a number of adjournments. No reasons are forthcoming for the Municipality’s failure to file counter- affidavit, which is very much essential to decide the dispute raised in this writ petition. Sri S.I.Newton, learned standing counsel, requested for time finally to file a counter-affidavit depicting the latest position regarding the application of respondents 4 and 5, for grant of building permission. This request is accepted subject to the condition that -2- if the counter-affidavit is not filed on the next date of hearing, the Director, Municipal Administration shall be personally present in the court and explain the reasons therefore. Post on 30-10-2009. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Director, Municipal Administration, Hyderabad. (BY SPL. MESSENGER) 1. The Commissioner, Punganoor Municipality, Punganur, Chittoor District 2 The Chairman, Punganoor Municipality, Punganoor, Chittoor 3 The Station House Officer, Punganoor P.S. Chittoor District 4 Pabbithi V.Parthasarathi S/o.Late P.Venkata Subbaiah R/o.18/43, Bazar Street, Punganur, Chittoor District 5 Pabbithi Pandurangaiah Chetty s/o.P.Venkata Subbaiah Sree Ramanagar, MBT Road, Near Old Bus Stand Punganur, Chittoor District. 6. 2 CCs to the G.P.for Home, High court of A.P.Hyd. (BY SPL. MESSENGER) 7. One C.C to Sri R.Vijaynandan Reddy Advocate. (OPUC) 8. One C.C.to Sri S.I.Newton Advocate. (OPUC) 9. one spare copy. HIGH COURT CVNR.J DATED 15-10-2009 POST ON 30-10-2009 ORDER W.P.NO. 21832 OF 2003 DIRECTION Bsr Dt. 21-10-2009 HIGH COURT CVNR.J DATED 15-10-2009 POST ON 30-10-2009 ORDER W.P.NO. 21832 OF 2003 DIRECTION