ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1, Sri K.Siddharth Rao, learned Standing Counsel, appearing for respondent No.2, and J.R.Manohar Rao, learned Standing Counsel appearing for respondent No.3 and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage.

2. The grievance of the petitioner in the present Writ Petition is as to the inaction of the 2nd respondent in not taking action on the representation dt.15.06.2024 submitted seeking steps to remove/lift the dung garbage placed in the Community Hall, Sriramnagar Colony, Ahmed Nagar Division, Masabtank, Hyderabad, and not restoring the community hall for the usage of the colony residents, as illegal and arbitrary.

3. When the matter is taken up for hearing in the forenoon session, today i.e. 27.08.2024, on the insistence of the learned counsel for the petitioner, Sri Samala Ravinder, learned counsel, is appointed as Advocate – Commissioner, to cause inspection and find out as to whether the garbage littered on the open area has been lifted or not as claimed by the learned Standing Counsel.

4. Pursuant to the direction issued by this Court in the forenoon session, appointing Sri Samala Ravinder, learned counsel, as Advocate- Commissioner, the Advocate-Commissioner has visited the subject premises to note down the physical features and has taken 18 photographs printed on nine pages and filed the same into this Court along with his report of even date.

5. By placing the aforesaid photographs and memo along with the report on record, learned Advocate-Commissioner submits that on inspection, he found no garbage in the subject site and found only debris at the subject site.

6. Learned Advocate-Commissioner further reported, i) that there is three side road in the form of ‘U’; ii) that to the bottom side of the ‘U’, there is a temple, in front of which, there is an old Kalyana Mandapam, wherein during the visit, he found cows and buffalos being tied on the backside of the old Kalyana Mandapam, and iii) existence of bushes of black acacia in some parts of the site.

7. Learned Advocate-Commissioner further reported that in front of the temple, he also noticed an old name/display board, existing in a faded condition existing claiming the subject structure as Kalyana Mandapam under the Supervision of Ganesh Temple, Secunderabad, noted thereon.

8. This Court records it’s appreciation for the aforesaid work undertaken by acceding to the request made by this Court, in the shortest possible time. Thus, this Court is of the view that the petitioner should be directed to pay an amount of Rs.7,500/- (Rupees Seven Thousand Five Hundred only) to the Advocate-Commissioner towards charges for the work undertaken by him and submitting his report.

9. Since, the grievance of the petitioner in the main writ petition relates to the subject site being filled with garbage and the respondents- authorities not taking steps for removing the aforesaid garbage, and since, the Advocate-Commissioner appointed by this Court having now reported that the respondents-authorities having removed the aforesaid garbage, the claim of the petitioner of inaction of the respondents in removing the garbage from the subject site at least for the time being stands redressed. 10. However, insofar as the claim of the petitioner in not restoring the community hall for the usage of the colony residents is concerned, since, the subject property as is evident from the Board that is existing at the subject site, as reported by the learned Advocate-Commissioner, indicates the same to be the property of Endowments Department with old Kalyana Mandapam therein, the petitioner cannot seek for grant of relief of restoring the alleged community hall by the present writ petition. On the other hand, if the petitioner intends to claim the subject pro