THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 20608 OF 2011 ORDER : 1. This Writ Petition is filed seeking to issue a writ of mandamus declaring the action of the respondents in not taking action for removing encroachments on the road margin of State Highway No.49 from Chilakaluripeta to Chirala in Survey No.753E of Chilakaluripeta, Guntur District as illegal and arbitrary. 2. The case of the petitioner, in brief, may be stated as follows: The second petitioner is son of first petitioner. First petitioner is the owner and possessor of land admeasuring Ac.1.70 cents in Survey No.753E and 753F on the eastern side of D.No.12-1623 adjacent to Chilakaluripeta to Chirala State highway No.49, and that on northern side of the site, number of encroachments came up on the road margin blocking the access to most of the said land. Mean while, the second petitioner was allotted a retail dealership by the Bharat Petroleum Corporation Limited (BPCL), and as per the terms and conditions of the letter of intent dated 23.04.2011, the second petitioner shall transfer land admeasuring 900 square meters with frontage of 30 square meters (100 ft.) in Survey No.753E of Chilakaluripeta for development of the same, within two months from the date of receipt of the said order. The same could not be done due to number of encroachments on the road margin. The petitioners approached the first respondent in this regard and made representation on 27.05.2011 and 13.06.2011. There was some correspondence between the respondents 1 and 2, and thereafter, the first respondent addressed a letter dated 22.06.2011 to the second petitioner stating that the team comprising revenue and municipal staff started enumeration of encroachments and work was going on and after completion of enumeration, eviction of the encroachments will be completed. As the time stipulated by BPCL was over, on the undertaking given by the first petitioner, it extended the time. Though a letter was addressed long back i.e. on 22.6.2011, no further steps are taken by the respondents to remove the encroachments on the road margin. Hence, the Writ Petition. 3. The first respondent filed its counter affidavit admitting the situation of the land of the first petitioner; the representations made by the petitioners and the correspondence between the respondents 1 and 2, and stated that only one encroachment RCC roofed prayer hall-cum-residence is causing main obstruction for ingress and egress to the petitioners’ site, and that the width of petitioners’ land is 36.0 meters and the prayer hall occupied road margin nearly ½ of the above width on north-east corner of petitioners’ land, and that the enumeration of encroachments by the teams of officials is going on and the encroachers will be accommodated as per their eligibility within a short period, and that the team of revenue and municipal staff started enumerations of encroachments and the work is going on and soon after completion of enumeration, the eviction of encroachments would be taken up shortly by following due procedure. 4. The second respondent filed counter affidavit in the same lines as stated by the first respondent. 5. The third respondent filed counter affidavit stating that the road from Vodarevu-Narasaraopet-Piduguralla is a State Highway No.49 and the standard width of the Highway is 40 meters (120 feet), and that the road from KM 42/2 to 46/0 falls within the municipality limits of the first respondent, but the road is under the control of this respondent, and that, there are certain encroachments on the left side of the road from KM 42/2 to 43/7, and that inspite of this respondent asking the encroachers to remove the encroachments, they did not remove the same and so, letter was addressed on 17.8.2011 to the first respondent for taking steps for removal of the encroachments, and that based on the survey conducted by the Revenue authorities, a list of encroachments was prepared, and that the second respondent is going to accommodate encroachers under Rehabilitation programme, and that this respondent is taking active steps to remove the encroachments by following due process of law. 6. As per order dated 20.09.2011 in WPMP No. 31055 of 2011, the fourth respondent was impleaded as party respondent in the Writ Petition. He filed counter affidavit stating that in the year 1940, ancestors of the fourth respondent started a Church at D.No.12-1620 situated at Maddi Nagar, Chirala Road, Guntur District and ever since, the people belonging to Christian faith are performing prayers regularly without interference from any quarter of whatsoever nature, and that the Municipal authorities are collecting property tax from it, and that the respondents 1 to 3 in the Writ Petition, under the guise of interim order dated 21.7.2011 in the Writ Petition, are proceeding with demolition of the church without even issuing any notice or affording opportunity, in which event, the sentiments of innumerable people would be affected as people of the locality are conducting prayers since time immemorial. 7. Learned counsel for the petitioners contended that inspite of obtaining necessary permission from all the departments, the petitioners are unable to start petrol bunk in view of the encroachments on the road margin of State Highway No.49 from Chilakaluripeta to Chirala in Survey No.753E of Chilakaluripeta, Guntur District, and hence, he prays to issue directions to the respondents to take necessary action for removal of the encroachments. 8. The respondents in their respective counter affidavits clearly stated that survey is completed and the second respondent is going to accommodate the encroachers under rehabilitation programme in the town very soon. So also, the second respondent stated in his counter affidavit that list of encroachers has been prepared by the officials belonging to both Revenue and Municipal Departments and identification of eligible encroachers is under process and house site pattas available in vacant land in S.No.417, etc. of Chilakaluripet Municipal limits is ready for distribution at the time of eviction. Whereas, the counsel for the fourth respondent stated that there is a church in existence in the land and a hall in the building is being used for offering prayers, and that if alternative site is given, he is ready to co-operate with the officials for demolition of the building for the purpose of removing encroachments. As the government is also willing to allot alternative suitable site to the encroachers, the second respondent is directed to provide alternative site within a period of four weeks to the occupier of the site in question and after such allotment of site in favour of occupier of the church, encroachments can be removed. 9. The Writ Petition is disposed of with the above direction. No costs. --------------------- (K.C.Bhanu, J.) 5.11.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 20608 OF 2011 5.11.2011 THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 20608 OF 2011 DATED 5.11.2011 Between: Jakkampudu Sitarama Rao & another …Petitioners And Chilakaluripeta Municipality & others …Respondents