Welfare Association New Santoshnagar Colony, v. The District Collector And Magistrate,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.45594 OF 2016 ORDER:

This writ petition is filed to declare the proceedings of the 1st respondent vide No.2474/CPOHYD/DSOI/CDP/In.Min./Yakuthpura/2012-13, dated 18-10-2016 in permitting the 2nd respondent for construction of Community Hall (Ground Floor) near H.No.17-1-375/A/7 at Kalandhar Nagar, Hyderabad without conducting the survey as required under Section 5 of A.P.Survey and Boundaries Act as illegal and arbitrary.

Both the learned Assistant Government Pleader for Revenue as well as Sri P.Keshava Rao, learned Standing Counsel for the 3rd respondent produced written instructions stating that community hall that is going to be constructed in the subject land will be used for residents of both colonies i.e. Khalendar Nagar and New Santhosh Nagar Colony, since it is situated between two localities as shown in the sketch. Further the Assistant Engineer, GHMC suggested that a gate may be arranged to New Santhosh Nagar Colony side to easy access of residents of New Santhosh Nagar to the community hall. Further a committee may be constituted representing the both communities to maintain the community hall. Learned counsel for the petitioner submits that in view of the same, the petitioner has no objection for construction of community hall and the 3rd respondent may arrange gate

towards New Santhosh Nagar Colony side and if the community hall is constructed, the respondent authorities i.e. the 2nd and 3rd respondent shall see that community hall will be useful for both colonies.

Recording the same, this writ petition is disposed of directing the authorities to open one more gate to the community hall towards new Santhosh Nagar Colony for having access to the residents of that colony and committee consisting of members of both colonies may be constituted for managing the community hall. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 27-03-2017 Nvl