THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No. 16541 of 2000 Dated: 28.11.2007 Between: Birander Sharnappa Swamy … Petitioner AND Kukatpally Municipality, rep., by its Commissioner & another. … Respondents Counsel for the petitioner : Ms. Pallavi for Sri K.V. Bhanu Prasad THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No. 16541 of 2000 ORDER:- This writ petition is filed for a writ of mandamus to declare the action of the respondents in issuing proceedings dated 02.02.1998, as illegal, arbitrary and mala fide. On 14.11.2007, after hearing for sometime, the case was adjourned at the request of Sri P. Radha Krishna, learned Standing Counsel for the Greater Hyderabad Municipal Corporation in which respondent No.1 Municipality got merged after filing of the writ petition. Today, when the matter is taken up for hearing, there is no representation for the respondents. The only grievance of the petitioner is that though under the impugned memo he is asked to remove the encroachments existing on the Nala land, the respondents are insisting to remove the structures raised by him and existing on the site admeasuring 252 square yards belonging to him. Learned counsel for the petitioner submitted that though the petitioner immediately represented to the respondents that because of the foul smell emanating from the Nala, he raised a wall and promised to remove the same, they are threatening that they would demolish not only the wall, but also the big room on the north-east corner, car shed and gate erected on the western side of his plot. The submissions of the learned counsel are not reflected in memo dated 02.02.1998. Therefore, this statement cannot be accepted in the absence of any notice. In the abovementioned facts and circumstances, the writ petition is disposed of with the following terms: 1) Since the petitioner admitted existence of a wall constructed by him over the Nala land, the officials of the Greater Hyderabad Municipal Corporation are free to remove the same. 2) The officials of the Greater Hyderabad Municipal Corporation shall verify whether a room on the north-east corner, car shed and gate exist on the plot of the petitioner and if these structures are raised within the plot area of the petitioner under proper sanction, they shall not demolish the same or interfere with the possession of the petitioner, and 3) If it is found that the structures mentioned above either exist outside the petitioner’s plot or if they are found within the boundaries of the petitioner’s plot, but are not covered by the proper approvals, the respondents are free to demolish the same. As a sequel to disposal of the writ petition, WPMP.No.21037 of 2007 filed by the petitioner for interim relief is disposed of as infructuous. _____________________________ C.V. NAGARJUNA REDDY, J Date: 28.11.2007 ES