THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1305 of 2011 Date: 30.3.2011 Between: Kunchala Pitchaiah and another. ..... PETITIONER AND The District Collector, Prakasam District And others. .....RESPONDENTS Counsel for the Petitioners : None appeared. Counsel for Respondent Nos.1 to 3 : G.P. for Panchayat Raj Counsel for Respondent No.4: Sri G. Elisha The Court made the following : THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1305 of 2011 Order: This writ petition is filed for a mandamus to declare the action of respondents in trying to construct a drainage canal by demolishing the petitioners’ compound wall and front wall of licensed tobacco barn in Survey No. 207 of Pedakandlagunta Village, Kondapi Mandal, Prakasam District as illegal and arbitrary. In the counter affidavit filed by respondent No.4, it is inter alia stated that on the request of the Engineering Department of Panchayat Raj, the Tahsildar, Kondapi Mandal measured the width of the existing road and found that the petitioners have encroached upon the road by 4 feet by constructing a compound wall without permission from the Gram Panchayat and that before laying the road, it was decided to construct the drainage canals on both sides of the existing road. It is further averred that the Tahsildar has therefore marked the encroached portion by the petitioners and apprehending that the Tahsildar would demolish the encroached portion, the petitioners approached this Court. It is further averred that the petitioners have not impleaded the persons, who are constructing drainage canals from Kondapi to Peerapuram. At the hearing, Sri Sreenivasa Rao Velivela, learned counsel for the petitioners has stated that in the light of the stand taken by respondent No.4 in the counter affidavit, the writ petition may be closed with liberty to his client to avail appropriate remedy against the Tahsildar and others, who are seeking to construct the drainage canals. The writ petition is accordingly closed with liberty in terms of the prayer made. As a sequel to disposal of main petition, W.P.M.P. No.1599 of 2011 is disposed of as infructuous. __________________________ C.V. NAGARJUNA REDDY,J DATE: 30th March, 2011 pnb