IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11515 of 2005 Between: 1 Yandapalli Kasiviswanatham, S/o. Govindha Rajulu, D.No. 8-2-44, Main Roid, tuni East Godavari District. 2 Pulavarthi Venkata Jagannadha Gupta, S/o. Maheswararao, D.No. 8-2-47, Main Road, Tuni E.G.District. 3 Annavilli Venkata Tammayya, s/o. Sanyasi Rao, D.No. 8-2-49/1, Main Roid, tuni East Godavari District. 4 Yandapalli Antarvedhi, S/o. Manga Raju, D.No. 8-2-41, Main Roid, tuni East Godavari District. 5 Yandapalli Nooka Raju, S/o. Manga Raju, D.No. 8-2-42, Main Roid, tuni East Godavari District. 6 Yandapalli Surya Venkata Subba Rao, S/o. Govindarajulu, D.No. 8-2-46, Main Roid, tuni East Godavari District. 7 Kjotipalli Satyavathi, W/o. Simhadri, D.No. 8-2-49/4, Main Roid, tuni East Godavari District. 8 Ayanavilli Venkata Nageswara Rao S/o. late Sanyasi Rao& Smt.Annavilli Mullaraju,(Died) D.No. 8-2-49/2, Main Roid, tuni East Godavari District. 9 Ayanavilli Venkata Kondaiyya, S/o.Sanyasi Rao D.No. 8-2-49, Main Roid, tuni East Godavari District. 10 Ayanavilli Kemeswaramma, W/o. Venkata Suryanarayana, D.No. 8-2-49, Main Roid, tuni East Godavari District. ..... PETITIONERS AND 1 The Commissioner , Tuni Municipality, Tuni , East Godvari District. 2 The Special Officer, Municipal Council, Tuni Municipality, Tuni , East Godvari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ of Mandamus declaring the action of the respondents in issuing Roc.No. 6501/2004-J1, dated 14.5.2005 to the petitioners herein as illegal, arbitrary and without jurisdiction as also contrary to the provisions of the A.P. Municipalities Act, 1965 and issue a consequential order setting aside the same. Counsel for the Petitioners:MR.J.PRABHAKAR Counsel for the Respondent No.: MR.S.NAGESWARA REDDY The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11515 of 2005 ORDER: It is the case of the petitioners that the respondents issued notices, dated 14-05-2005, directing them to remove the encroachment made by them in front of their respective buildings and maintain 15 feet set back. The respondents issued notice, dated 14-05-2005, stating that the petitioners encroached upon the road margin and accordingly, they were directed to remove the encroachment. However, it is always open for the petitioners to make representations to the said notices and, therefore, issuance of the impugned notices cannot be said to be illegal and arbitrary. Having regard to the facts and circumstances of the case, the writ petition is disposed of permitting the petitioners to make representations within one week from today. If any such representations are made, it is for the respondents to consider and dispose of the same in accordance with law. There shall be no order as to costs. __________ 14-03-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{JGK