THE HON’BLE SRI JUSTICE T. VINOD KUMAR W.P.Nos.27830 of 2021, 38322 of 2022 and 3770 of 2023

COMMON ORDER

Since the petitioner and the lis involved in all these Writ Petitions is one and the same, all these Writ Petitions are taken up for hearing and disposal by this common order.

2. Heard Sri C.Raghu, learned Senior Counsel appearing on behalf of learned counsel for the petitioner in WP.No.3770 of 2023 the other counsel appearing on behalf of the petitioners in other writ petitions, learned Government Pleader for MA&UD, learned Sanding Counsel for GHMC, learned Government Pleader for Revenue appearing on behalf of respective respondents in all the Writ Petitions, and learned counsel appearing on behalf of respondent No.8 in WP.No.3770 of 2023, and perused the record.

W.P.No.3770 of 2023

3. This Writ Petition is filed to declare the inaction of respondent Nos.2 to 6 in removing the illegal encroachment on GVM public road in spite of passing a final notice, dt.02.09.2022, as being illegal, arbitrary and in violation of principles of natural justice and contrary to the provisions of GHMC Act, 1955.

4. The case of the petitioner as set in the writ affidavit filed in support of the writ petition, in brief, is that she is the absolute owner and possessor of house property bearing No.8-2-414 admeasuring 3495 sq. yards situated at Road No.4, Banjara Hills, Hyderabad-34; that the eastern boundary of her property is Black Top Road leading towards Rock Castle Hotel and joining Banjara Hills Road No.6, which is classified as GVM Public Road in Town Survey TS.No.18/1 and 18/3; that the aforesaid road was being used by the petitioner and her family since 1964 to the knowledge of one and all including the 8th respondent herein; that the 8th respondent had encroached the said GVM public rod illegally and erected a gate on public road to obstruct the ingress and egress of the petitioner and her family members as well as general public; and that on the 8^th respondent resorting to the aforesaid act, the petitioner had approached the 2^nd and 3^rd respondents on 18.04.2015 and submitted a complaint.

5. It is the further contention of the petitioner that on the petitioner approaching the 2nd and 3rd respondents and submitting the aforesaid complaint, the authorities have issued notice, dt.21.04.2007, under Section 402 and 405 of GHMC Act, 1955 to the 4^th respondent to remove the illegally erected gate; that thereafter, the said notice was followed up by issuing another notice, dt.11.06.2017 under Sections 452(1) & 461(1) of the GHMC Act; and that thereafter, the respondents-authorities removed the gate and encroachment made by the 8^th respondent on GVM public road in TS No.18/1 and 18/3.

6. It is also the contention of the petitioner that the 7th respondent also got enquired into the matter and submitted an enquiry report, dt.08.10.2020, confirming the encroachment of GVM public road in TS.No.18/1 and 18/3 by the 8^th respondent and stated that the 8^th respondent had erected a gate on public road obstructing the ingress and egress of the public.

7. Petitioner further contends that on the respondents-authorities removing the gate and demolishing the encroachment made by the 8^th respondent herein on GVM public road, the 8^th respondent had approached this Court by filing a writ petition vide WP.No.8354 of 2020 and by order dt.29.06.2020, the said writ petition was disposed of directing the respondents therein to consider the explanation submitted by the petitioner therein i.e., 8^th respondent herein, in response to the notice issued under Section 452(2) or 636 of GHMC Act, 1955 or any other interested person duly giving them an opportunity of hearing and to pass final order.

8. It is the further contention of the petitioner that this Court while disposing of the aforesaid writ petition with the directions as noted hereinabove, made it clear that before passing of the final order, the official respondents shall conduct joint survey comprising of the Municipal S