IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28049 of 2008 Between: Mohsin Bin Hussain Al-Kaseri S/o. Moullim Hussain Al-Kaseri R/o. 19-3-528/1/47/A, Ajanta Studio, Paeenbagh, Jahanuma, Hyderabad. ..... PETITIONER AND 1 The Greater Hyderabad Municipal Corporation of Hyderabad Rep. by Commissioner Lower Tank Bund, Hyderabad. 2 The Assistant Town Planning Section Greater Hyderabad Municipal Corporation of Hyderabad Circle-I, Hyderabad. 3 The District Collector Station Road Nampally, Hyderabad. 4 Mohd. Faizuddin S/o. Late Mohd. Abdul Kareem R/o. 17-1-304/4, Aziz Manzil, Bundnaka, Edi Bazar, Hyderabad. 5 Goshwala Ahmed (Major) S/o. not known to the petitioner C/o. Mohd. Faizuddin, Occ: Butcher. R/o. 17-1-304/4, Aziz Manzil, Bundnaka, Edi Bazar, Hyderabad. 6 Ajju (Major) S/o. not known to the petitioner C/o. Mohd. Faizuddin, Occ: Business. R/o. 17-1-304/4, Aziz Manzil, Bundnaka, Edi Bazar, Hyderabad. 7 Goshwala Abed (Major) S/o. not known to the petitioner C/o. Mohd. Faizuddin, Occ: Butcher. R/o. 17-1-304/4, Aziz Manzil, Bundnaka, Edi Bazar, Hyderabad. 8 Babu Jani (Major) S/o. not known to the petitioner R/o. 18-8-242/A/42/A, Inside Dargah Hazrat Fateh Shah Baba, Fateh Shah Nagar, Edi Bazar, Hyderabad. 9 Shakeel (Major) S/o. not known to the petitioner R/o. 18-8-278/A/6, Rajiv Nagar, Rakshapuram, Hyderabad. 10 Yousuf (Major) S/o. not known to the petitioner R/o. 18-8-244/C/79, Fateh Shah Nagar, Edi Bazar, Hyderabad. 11 Mohd Amjad @ Lal Khan S/o. not known to the petitioner R/o. H.No. 18-8-244/C/53/B, Fateh Shah Nagar, Edi Bazar, Hyderabad. .....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 a Writ or order/s more particularly one in the nature of Writ of Mandamus declaring the action of the 1st rspondent in not removing the encroachments over the nala flowing between Fateh Shah Nagar and Edi Bazar, in T.S. No. 3, 4 & 24, Block-F, Ward-274, as being illegal, arbitrary and unconstitutional. Counsel for the Petitioner:MR.V.VENKATA MAYUR Counsel for the Respondent No.: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : ORDER The petitioner is a resident of Fateh Shah Nagar, Edi Bazar and there is a Nala floating in that area in T.S.No.3,4 & 24, Block-F, Ward 274 which is about 60’. According to him, Nala is recorded in the TSLR as Government Kalwa. The purpose for which the said Nala built was for the flow of water into Musi river. As there is no water in Musi River and the said Nala is not in usage, the un-official respondents and several others have occupied the same. Complaining the same, the petitioner approached this Court and filed WP No.11983 of 2000, and this Court, by order dated 26.6.2002, was pleased to dispose of the said writ petition with a direction to the 3rd respondent therein to dispose of the representation dated 15.11.1999 of the petitioner after calling for the report from the Mandal Revenue Officer concerned and take appropriate action to protect the said Nala, which is meant for common usage. Despite the said direction, no action has been initiated. Hence, the petitioner again approached this Court and filed the present writ petition. Heard the learned counsel for the petitioner, the learned Standing Counsel for Greater Hyderabad Municipal Corporation of Hyderabad and the learned Government Pleader for Revenue. Pursuant to the orders passed by this Court in WP No.11983 of 2000, a draft was prepared vide D.O.Lr.No.B3/3756/2002, dated 4.9.2004 wherein it is stated that the Mandal Revenue Officer, Bandlaguda Mandal, after thorough inspection found that the Government Kalwa/Nala is encroached by several persons by constructing rooms with Asbestos roof sheets and compound walls are existing in 12,000 sq.meters. In the said draft, it is clearly directed that the concerned may initiate necessary steps, so that the Government Nala can be protected. In the light of the said draft, this Court is of the view that there are various encroachments in the said Nala and the encroachments are required to be removed. In that view of the matter, this writ petition is disposed of directing the respondent-authorities to act on the basis of the said Draft report dated 4.9.2004 as stated above and take necessary action. Now, that this Court is dispensing with the usual notice to the un-official respondents, the said action shall not be done unless and until the unofficial respondents are put on notice and afford an opportunity of personal hearing to them. The entire exercise shall be done within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No costs. ___________ 24-12-2008 rkk