IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 10 of 2008 BETWEEN : 1 Kunchamamba Seva Sangham, Registration No. 35/90, Rep by K. Surya Prakash, S/o. Appa Rao, Aged 48 years, Kunchamamba Colony, China Gantyada, Gajuwada, Visakhapatnam - 26. 2 Chaitanya Seva Sangham, Registration No. 81/92, Rep by its President K. Sarojanamma, Kunchamamba Colony, China Gantyada, Gajuwada, Visakhapatnam. ..... PETITIONERS AND 1 The Greater Visakhapatnam Municipal Corporation, Rep by its Commissioner. 2 U. Apa Rao, S/o. Late Chitti Naidu, Ward No. 60, Old Gajuwaka, Visakhapatnam. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue an order, direction or writ more particularly one in the nature of Writ of Mandmaus, declaring the inaction of the 1st respondent in respect of the shopping complex being contructed by the 2d respondent in D.No. 17-321 of S.No. 73 in Kunchamamba Colony, Gajuwaka, Visakhapatnam under the false facade of Ram Temple as illegal, arbitrary, contrary to the Municipal Corporation's Act and unconstitutional and consequently direct the 1st respondent to initiate the action against the 2nd respondent. Counsel for the Petitioners : MR.GOLI.RAMA KRISHNA Counsel for the Respondents : MR.N.RANGA REDDY (SC FOR MPL. CORP. VSP) The Court made the following : HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 10 of 2008 ORDER : (Per Hon’ble Sri Anil R.Dave, CJ) Rule Nisi. Though served, 2nd respondent, who is alleged to have been putting up unauthorized construction on Government land, has not appeared. It has been brought to the notice of this Court by way of this public interest litigation that 2nd respondent is putting up unauthorized construction by making encroachment on Government land. In pursuance of notice issued by this Court, counter aﬃdavit has been ﬁled by the Commissioner, Greater Visakhapatnam Municipal Corporation, to the eﬀect that the averment made in the petition is correct. It is clear that 2nd respondent is putting up construction on Government land, and in pursuance of order passed by this Court, the 1st respondent-Municipality has restrained the 2nd respondent from putting up further construction. As appropriate action has been taken by the Government authorities whereby respondent No.2 has been now restrained from putting up further construction, the interim order, which had been passed on 11 th August 2008, whereby respondent No.2 was restrained from putting up construction, is confirmed. We are sure that the 1 st respondent-Municipality shall take appropriate action in consultation with the concerned Government authorities to do the needful for removal of the unauthorized construction, put up by the 2nd respondent, in accordance with law. Writ petition stands disposed of accordingly. No order as to costs. _________________ ANIL R. DAVE, CJ ______________________ 12th September 2008 R. SUBHASH REDDY, J ajr To The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam.