THE HON'BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.12414 of 2005 ORDER : In this Writ Petition, the petitioner, who is the owner of the house bearing No.11-13-173/4 & 3, situated at Fatehnagar, Ranga Reddy District, seeks directions by way of Mandamus to declare the action of the respondent in taking steps for demolition of the boundary wall of the petitioner’s house, as illegal and arbitrary. It is the case of the petitioner that he is the owner and possessor of the House bearing No.11-13-173/4 & 3, situated at Fatehnagar, Ranga Reddy District. It is stated that the said house was purchased by the petitioner from the owner and possessor Smt.Chirala Yadamma vide registered sale deed, dated 20-04-2005. The case of the petitioner is that though the said house is a private property purchased by the petitioner by way of a registered sale deed, the respondent is taking steps for demolition of the western side boundary wall of the petitioner’s house without notice and hearing. At the stage of admission this Court granted interim orders, dated 13-06-2005 in W.P.M.P.No.15796 of 2005 and the said orders continued in force since then during the pendency of the Writ Petition. Though the Writ Petition is of the year 2005, no counter-affidavit is filed on behalf of the respondent. However, when the matter is taken up for hearing, on instructions, it is submitted by the learned standing counsel for the respondent that the said compound wall/boundary wall of the petitioner was constructed by encroaching the drainage canal. If that be so, nothing prevents the respondent to notify the petitioner before taking any action for demolition. As much as it is the case of the petitioner that the petitioner has purchased the house from the earlier owner and he did not make any improvements to the house and as such constructions are not by encroaching into the Government land, I deem it appropriate to dispose of the Writ Petition directing the respondent not to demolish the compound wall situated in the western side of the petitioner’s house bearing No.11-13-173/4 & 3, situated at Fatehnagar, Ranga Reddy District. However, it is made clear that if there is any encroachment by the petitioner on the drainage canal or the drainage boundary, this order will not preclude the respondent to issue notice to the petitioner and take steps in accordance with law. Accordingly, the Writ Petition is allowed. There shall be no order as to costs. _____________________ R.SUBHASH REDDY, J. 10th December, 2009. skmr THE HON'BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.12414 of 2005 Date 10-12-2009 Between : Smt.Rani Agarwal .. Petitioner And The State of A.P. rep. by Commissioner, Kukatpally Municipality, R.R.District .. Respondent