O R D E R:

This writ petition is being disposed of at the admission stage with the consent of both parties.

This writ petition is filed seeking the following relief:

(cid:147)(cid:133)(cid:133)to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondent No 2 in not taking any action against the illegal construction of a wall made by the respondent No 3 occupying the road margin in premises No 4- 3-161 situated at Ravindra Road Korutla Proper and Mandal within the limits of respondent No 2 Municipality as per the final intimation notice No G1/1631/2020 dated 09-04-2021 and issuing further orders contrary to the said final intimation dated 26-10-2021 is nothing but arbitrary illegal null and void and violative of principles of natural justice and also violative of Articles 14 19 and 21 of the Constitution of India and also contrary to the provisions of Telangana Municipalities Act Consequently direct the respondent No 2 to take necessary action against the illegal construction of compound wall made by the respondent No 3 in premises No 4-3-161 situated at Ravindra Road Korutla Proper and Mandal within the limits of respondent No 2 Municipality i e occupying the public road i e as per the final intimation notice No G1/1631/2020 dated 09-04-2021 and to pass.(cid:133)..(cid:148)

2. It is the case of the petitioners that respondent No.3 had constructed a compound wall illegally, by occupying the public road, diminishing the width of the existing road, which is causing lot of inconvenience to the neighbouring inhabitants of the subject property and particularly to the petitioners who are also the neighbours of the subject property. In this connection, the petitioners have given a representation to respondent No.2 and acting on the said representation, respondent No.2 has issued an intimation notice to respondent No.3 on 29.12.2020, directing him to stop the construction work and submit the title documents and the permission order within seven days from the date of receipt of the said notice but respondent No.3 has not responded to the said notice. Then, respondent No.2 has issued a final intimation notice No.G1/1631/2020, dated 09.04.2021, directing him to stop the construction work and to remove the compound wall within three days, otherwise action will be taken in accordance with the provisions of Telangana Municipalities Act, 2019. It is stated that even after issuance of the said final notice, respondent No.3 has not removed the compound wall and as no action has been initiated by the respondent-Municipality, the petitioners were constrained to file W.P.No.26870 of 2021 on the file of this Court and this Court has disposed of the said writ petition, giving liberty to the petitioners to challenge the final order dated 26.10.2021 issued by respondent No.2. Now, it is the case of the petitioners that though they have participated in the enquiry conducted by respondent No.2, respondent No.2, without taking into consideration all the actual measurements on the site and without properly localizing the width of the road and with a malafide intention, has passed the impugned order dated 26.10.2021, stating that there is no encroachment. In fact, as per the Gift Deed executed and subsequent Rectification Deed executed, there is a variation in the measurement of the Gift Deed compared with the Rectification Deed and that would clearly disclose the encroachment portion of the road margin. The respondents, instead of taking into consideration all the said documents, for the purpose of coming to conclusion, whether respondent No.3 has encroached the road margin and causing inconvenience or not, has failed to discharge the public duties in protecting the public property. Therefore, the impugned order is liable to be set aside.

3. Per contra, learned Counsel appearing for respondent No.3 has submitted that respondent No.3 was proceeding with the construc