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1994 Supreme(AP) 102

P.VENKATRAMA REDDY
Mohd. Suleman – Appellant
Versus
Special Officer, Municipal Corporation of Hyderabad – Respondent


P. VENKATARAMA REDDY, J.

( 1 ) THE petitioners herein claim to have erected temporary wooden structures (referred to in the writ petition as Dabbas) of the dimension of 6 x 4 feet some time in or about the year 1980 and they have been doing the business of auto-electrical repairs of vulcanizing. These two structures (or bunks) rest on the compound wall of King Koti Palace building adjacent to the public road. The petitioners submit that the Municipal Corporation has been granting permission to run shops after collecting encroachment fee. The first encroachment fee receipt issued by the Municipal Corporation on 24-8-81 and the last of the receipts dated 2-3-91 issued to the 1st petitioner are filed. In the case of the 2nd petitioner, the encroachment-fee receipt dated 10-9-85 and 21-3-91 are filed. It is seen from the letter dated 24-4-81 issued by the Estate Officer of the Municipal Corporation and the receipts that the encroachment-fee was collected and permission was granted on year to year basis. It is claimed that there is no obstruction to the vehicular traffic or pedestrians on account of the existence of these bunks. It is not in dispute that after the year 1991, no encroachm















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