Bhanu Enclave Residential Society. v. Greater Hyderabad Municipal Corporation,

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH

AT HYDERABAD THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND FOURTEEN :PRESENT:

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WP .NO:37846 of 2013 Between:

Bhanu Enclave Residential Society. (Regd. No. 3173/2000), Plot No. 3, Phase-II Bhanu Enclave. Yapral, Secunderabad-500087, Rep. by the President, Dr. N. Simhadri ..... Petitioner AND 1 Greater Hyderabad Municipal Corporation, Alwal, Hyderabad, Rep. by its Asst. Commissioner 2 OM SREE Builders and Developers, Sy. No. 213, YAPRAL Village, Alwal Municipality, Malkajgiri Mandal, RR District, Rep. by its Authorized Signatory.

.....Respondents Petition under Article 226 of the Constitution of India, praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the in-action of the 1st respondent in acknowledging and responding to the petitioner society's urgent representation dt. 02.12.2013 informing and seeking immediate stoppage of the unauthorized and illegal digging of the main sewerage line by the 2nd respondent by demolishing the compound wall of the petitioner society and digging through all the parks and adjacent roads of the petitioner society's land in order to connect to the main septic tank of the petitioner Society as illegal, arbitrary and against the principles of natural justice.

The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and upon hearing the arguments of Sri B.Chandrasen Reddy, Advocate for the Petitioner and of Ms. A. Deepthi, Standing Counsel for the Respondent No.1, the Court made the following.

ORDER:

"At request of Ms. A. Deepthi, learned Standing Counsel for the Corporation, post after Pongal Vacation, 2014. The alleged construction relating to drainage pipe line shall not be carried out."

Sd/- P.SRINIVASULU ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Asst. Commissioner, Greater Hyderabad Municipal Corporation, Alwal, Hyderabad 2 The Authorized Signatory, OM SREE Builders and Developers, Sy. No. 213, YAPRAL Village, Alwal Municipality, Malkajgiri Mandal, RR District (Addressees 1 & 2 BY RPAD)

3. One CC to Sri B.Chandrasen Reddy, Advocate (OPUC)

4. one spare copy HIGH COURT AB DRAFTED ON 3-1-2014 NRRJ DATE: 2-1-2014

ORDER

WP. NO. 37846 OF 2013 DIRECTION