HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.10360 of 2010 DATED: 17.04.2014 Between:
K. Haridas ... Petitioner And State of A.P., rep. by its Secretary MA & UDA Department, Hyderabad & others … Respondents The Court made the following:
HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.10360 of 2010 ORDER:
Heard the learned counsel for the petitioner, learned standing counsel for the 3rd respondent and the learned counsel for the 4th respondent.
2. The petitioner has been carrying on business in furniture manufacturers in the property bearing D.No.5-6-293, Subhash Road (Red Cross Road), Bottuguda of Nalgonda town, under the name and style of ‘Hari Enterprieses’. He submitted a representation on 11.06.2001 requesting respondents 2 and 3 to take appropriate action to demolish the unauthorised construction made on a public road and in response to the same, action was taken in the year 2001. Again when the encroachments were made on the public road, another representation was made on 22.08.2004 and the 3rd respondent took action and communicated the same to the 2nd respondent by proceedings dated 28.01.2006. The petitioner again submitted a representation on 21.03.2010 bringing to the notice of respondents 2 and 3 with regard to the construction of a cell tower on the unauthorised construction made on a public road and when they did not take any action, the present writ petition was filed.
3. The 4th respondent got impleaded and filed a counter- affidavit stating that he is the owner and possessor of open house plot bearing No.1, admeasuring 111.11 sq. yards within Ward No.5, Block No.8, situated at Bus stand to Miryalaguda road, Bottuguda locality of Nalgonda town. He states that he constructed a house after obtaining permission from the 3rd respondent vide proceedings dated 14.12.2004. While making construction in the said plot, the 3rd respondent removed the construction on the ground that it was made on a public road. The said removal took place on 28.01.2006. While so, the 4th respondent submitted application for regularisation of constructions on 29.04.2008 as per the Government Order Vide G.O.Ms.No.901, dated 31.12.2007. When the 3rd respondent sought to demolish the structures in pursuance of the notices dated 06.02.2013 and 11.02.2013, the 4th respondent stated that his application for regularisation of unauthorised construction is pending. He further stated that he did not receive any notices dated 06.02.2013 and 11.02.2013 from the 3rd respondent informing him to remove the unauthorised structures. Challenging the procedure adopted by the 3rd respondent, the 4th respondent filed WP No.7691 of 2013 and the same is pending in this Court. The 4th respondent further states that he maintained necessary set backs, whereas the petitioner did not maintain the set backs and if any action is taken against the unauthorised constructions of the 4th respondent, similar action should be taken in respect of the unauthorised constructions made by the petitioner as well as others.
4. The 3rd respondent did not file any counter-affidavit.
5. The point involved in the present writ petition is with regard to encroachments made in the public road, but not with regard to unauthorised constructions made on the land belonging to the 4th respondent. It is agreed by the learned counsel for the petitioner as well as the 4th respondent that they have no objection if the 3rd respondent inspects the constructions made by the petitioner, the 4th respondent and others with regard to encroachments made on the public road and takes necessary action in accordance with the provisions of the A.P. Municipalities Act.
6. In the circumstances, this writ petition is disposed of directing the 3rd respondent to make inspection of constructions made by the petitioner, the 4th respondent and others in Subhash Road (Red Cross Road), Bottuguda of Nalgonda town and if they notices any encroachments on the public road, they can take necessary action in accordance with law, including demolition of the building by following due procedure, within a period of three months from the date of receipt of a copy of this order.
7. Pending miscellaneous petitions in this writ petition, if any, shall stand dismissed in consequence. No order as to costs.
A. RAMALINGESWARA RAO, J
Date: 17.04.2014 BSS HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO 2 WRIT PETITION No.10360 of 2010 Date: 17.04.2014 BSS