IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 11505 of 2008 Between: G. Mareppa S/o. Karibasappa Thimmapuram Village, Kalyandurg Mandal, Anantapur Dist. ..... PETITIONER AND 1 The District Collector, Ananthapur Dist. 2 The Chief Executive Officer, Zilla Parishad, Ananthapur Dist. 3 The Mandal Parishath Development Officer, Kambadur (M), Anantapur (D). 4 The Deputy Superintendent of Police, Kalyandurg, Anantapur Dist. 5 Satyanarayana Reddy S/o. M. Hanumantha Reddy Kambadur Mandal, Anantapur Dist. .....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 appropriate writ, or direction more particularly issue one in the nature of writ of Mandamus declaring the action of the respondent 1 to 4 in not taking action against the 5th respondent about illegal & highhanded encroachment and demolition of the old Upper Primary School building situated at 2nd ward in Thimmapupram Village, Kambadur Mandal, Anantapur District, is illegal, unjust, capricious and dereliction of duties, and consequently direct the respondent No.3 to take action against the 5th respondent in pursuance of the letter addressed by the 2nd respondent to the 3rd respondent in his proceedings in R.C.No.785/B3/2008, dated 11.03.2008, forthwith and pass Counsel for the Petitioner: KOTHAPALLI RAM MOHAN CHOWDARY Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 11505 of 2008 O R D E R: This writ petition is filed seeking a declaration that the action of the respondents 1 to 4 in not taking action against the 5th respondent, who has allegedly encroached upon the old upper primary school building situated at second ward in Thimmapuram village, Kambadur Mandal, Ananthapur District and proceeding to demolish the same, is arbitrary and illegal. The petitioner claims that the land upon which the building stands was endowed by his forefathers for construction of a school in Thimmapuram village. It is also pleaded that he made a representation before the 2nd respondent bringing to his notice the encroachment by the 5th respondent and on the basis of the same the 2nd respondent vide proceedings dated 11-03-2008 directed the 3rd respondent to make necessary enquiry and submit a report. However the respondents 3 and 4 failed to take any action. Hence, this writ petition. This Court, while issuing Rule Nisi, by order dated 29-05-2008, ordered that status quo obtaining as on that day shall be maintained by both the parties for a period of one month. Though a counter affidavit has been filed by the 5th respondent denying all the allegations made by the petitioner, no counter affidavit has been filed on behalf of the respondents 1 to 4. The fact that the respondents 3 and 4 have not taken any action so far pursuant to the proceedings of the second respondent dated 11- 03-2008 has not been disputed by the 5th respondent in his counter affidavit. Having regard to the facts and circumstances of the case and keeping in view the nature of the controversy involved, without expressing any opinion as to the correctness of the allegations made by the petitioner, I deem it appropriate to dispose of the writ petition with a direction to the respondents 3 and 4 to conduct necessary enquiry in terms of the proceedings of the second respondent dated 11-03-2008 after giving due notice to the petitioner as well as the 5th respondent. Such enquiry shall be completed and report be submitted to 2nd respondent as expeditiously as possible preferably within a period of four weeks from the date of receipt of a copy of this order. The order of status quo granted by this Court on 29-05-2008 shall continue till appropriate orders are passed by 2nd respondent as to the complaint made by the petitioner. No costs. ______________ G. ROHINI,J Date: 20-06-2008 Note : Issue C.C. in 3 days. B/o KLP