IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 7157 of 2007 Between: 1 Azeemuddin, S/o. Khaja Moinuddin, R/O. 5-1-63, Osmanpura, Jagitial, Karimnagar District. 2 Mohd. Gulam Ali, S/o. Haji Gulam Nabi, R/O. 5-1-65, Osmanpura, Jagitial, Karimnagar District. 3 Zahid Khan, S/o. Jaleel Khan, Osmanpura, Jagitial, Karimnagar District. ..... PETITIONER(S) AND 1 The Municipality, Jagitial, Rep. by its Commissioner, R/o. 3-6-115-F (Old) 5-1-86 (New), Osmanpura, Jagitial, Karimnagar District. 2 Waheedunnissa Begum, W/o. Abdul Sattar, R/o. 3-6-115-F (Old) 5-1-86 (New), Osmanpura, Jagitial, Karimnagar District. .....RESPONDENT(S) 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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in not initiating action against the 2nd respondent for the illegal construction over the 10 lane as illegal, arbitrary and contrary to the Municipalities Act and consquently direct the 1st respondent to initiate removal of encorachment across the road and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.K.VENUGOPAL REDDY Counsel for the Respondent No.: MR.RADHA KRISHNA POLISETTY (SC FOR MPL) The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 7157 OF 2007 ORDER: 1. This writ petition has been filed by the petitioners who are three in number with a prayer to issue order, direction more particularly one in the nature of writ of mandamus declaring the action of the 1st respondent in not initiating action against the 2nd Respondent for removal of the illegal construction over the 10 feet lane as illegal and arbitrary. 2. This writ petition came to be admitted on 9-4-2007. When the writ petition is listed under the caption ‘for orders’ on this day, the learned counsel appearing on behalf of the 2nd respondent, on instructions, reports that the compound wall which is allegedly put up on the road portion has been removed and as on this day no compound wall exits on the road portion. 3. In that view of the matter, this writ petition is disposed of directing the 1st respondent to take necessary action on the representation submitted by the petitioner, if the compound wall constructed by the 2nd respondent encroaching road portion is not removed so far. No order as to costs. ______________________________ Justice B.Seshasayana Reddy 16th July, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 7157 OF 2007 16th July, 2008.