IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 8538 of 2003 Between: 1 G.Srinivasa Murthy S/o. G.Suryanarayana Murthy R/o. F-5,B-13, MIG-II,R/o. Baghlingampally, Hyderabad. 2 B.N.Narqayana Reddy, S/o. Narapa Reddy, R/o.Flat-7 B-13,MIG-II, R/o. Baghlingampally, Hyderabad. 3 G.M.Vital Rao, R/o. MIG-II, F-13, F-10, Baghlingampally, Hyderabad. 4 M.Chandrasekhar, S/o. Rangaiah, R/o.MIG-II,B-13, F-16, Baghlingampally, Hyderabad. 5 S.Narsing, S/o. Tukkoji, R/o.MIG-II,B-13, F-4, Baghlingampally, Hyderabad. 6 U.B.Nagendra Prasad, S/o. Late Brahmayya, R/o.B-13,F-1,MIG-II Baghlingampally, Hyderabad. 7 V.Nagamani, D/o. Appanna R/o.MIG-II, B-13,F-14 Baghlingampally, Hyderabad. 8 G.Udai Bhaskar, S/o. G.M.Vittal Rao, R/o.MIG-II,B-13, F-9 Baghlingampally, Hyderabad. 9 N.Sridhar Rao, S/o. Ramgopal Rao. R/o. MIG-II, F-13, F-13. Baghlingampally, Hyderabad. ..... PETITIONERS AND 1 The A.P.Housing Corporation Limited, Rep. by its Managing Director, Himayatnagar, Hyderabad. 2 The A.P.Housing Board, rep. by its Vice-Chairman & Managing Director, Gruhakalpa, Hyderabad. 3 The Municipal Corporation of Hyderabad, Rep. by its Commissioner, Tank Bund, Hyderabad. 4 The District Collector, Hyderabad. Nampally, Hyderabd 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 will be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st Respondent in encroaching upon the 30' wide thorough fare road space from front side of Block-13, MIG-II of APHB Colony, Baghlingampally, Hyderabad, and constructing house buildings for the residents of the Rajiv Gandhi nagar Colony in the space allotted for the thorough fare road leading to main road junction of Bagh Lingampally housing Board Colony, Hyderabad, as illegal, arbitrary and unjust and consequently direct the Respondents to remove the construction materials heeped infront of Block-13, MIG-II main gate, laydown the 30' wide thorough fare road from Block-13, MIG-II to the Eastern side main road and maintain the same for laying the road leading to the main road. Counsel for the Petitioner:SMT.K.NAGAMANI Counsel for the Respondent No.: MR.V.CH.NAIDU The Court made the following : ORDER: In this Writ Petition, the petitioners, who are residents of Baghlingampally, Hyderabad, seek direction by way of Mandamus to declare the action of the first respondent in encroaching upon the 30 feet road on the front side of Block-13, MIG-II of APHB Colony, as illegal and arbitrary. When the matter is taken up, it is submitted by the learned counsel for the petitioners that, now, the constructions are over and respondents have left the 30 feet wide space in front of Block- 13, MIG-II of APHB Colony and the road is also constructed. It is further submitted that, in that view of the matter, no further declaration is necessary. Recording the submissions made by the learned counsel for the petitioners, the Writ Petition is closed. No order as to costs. ___________________ R.SUBHASH REDDY, J. 25th June, 2009. skmr