ORDER:

(Per the Hon’ble the Chief Justice Alok Aradhe)

None for the petitioner.

Mr. Mohd. Imran Khan, learned Additional Advocate General for the State.

2. Perused the record.

3. In this writ petition, the grievance of the petitioner is about the inaction of the part of the Commissioner, Greater Hyderabad Municipal Corporation, in implementing the report of the Director General (Vigilance and Enforcement) and E.O, Principal Secretary to Government, General Administration Department, dated 06.10.2003, on the encroachment of open spaces, roads etc., by the respondent No.10, namely the President, Osmania University Employees Co-operative Housing Society Limited, on the land bearing Survey Nos.320/1A, 320/1AA, 320/2, 324, 326/1 and 326/2 totally admeasuring Acs.65.07 covering 955 plots situated at Shaikpet Village, Hussain Shahwali Dargah, Hyderabad (hereinafter referred to as, “the subject land”).

4. We have perused the record and have heard learned Additional Advocate General.

5. In the facts and circumstances of the case, we issue the following directions:

i) The competent authority of the Greater Hyderabad Municipal Corporation shall issue notice to the petitioner as well as the unofficial respondents and to every person who may be in occupation of the subject land;

ii) The competent authority of the Greater Hyderabad Municipal Corporation shall carry out a survey to ascertain the encroachment on the subject land and shall afford an opportunity to all the parties to furnish the documents in support of their claim;

iii) In case the subject land is found to be under encroachment, the competent authority of the Greater Hyderabad Municipal Corporation shall initiate action for removal of encroachment in accordance with law; and iv) The aforesaid exercise shall be completed by the competent authority of the Greater Hyderabad Municipal Corporation within a period of three months from today.

6. Learned Additional Advocate General submits that in case there exists an encroachment on the subject land, the assistance of police shall also be provided for removal of the encroachment on the subject land.

7. Needless to state that any person aggrieved by the order of removal of encroachment shall be at liberty to take recourse to such remedy as may be available to them in law. It is clarified that this Court has not expressed any opinion on the merits of the claims of the parties.

8. With the above directions, the writ petition is disposed of.

Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.

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ALOK ARADHE, CJ ______________________________________

ANIL KUMAR JUKANTI, J

20.03.2024 vs