THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.1737 of 2008 ORDER: In this writ petition, petitioner seeks directions by way of mandamus declaring the action of the respondents in allowing third parties for construction of temporary shops in front of his property covered by Survey No.86 of Balacheruvu Road, Gajuwaka, Visakhapatnam District. It is the case of the petitioner that his wife and his brother own an extent of 1540 sq.yards of land covered by Survey No.86 (old Survey Nos.54 and 185) of Gajuwaka, Visakhapatnam District and they constructed shops in the ground and first floors. It is stated that at the backside of the said building, there is an open land facing to Balacheruvu Road. It is the grievance of the petitioner that in such open land, there are some illegal constructions by third parties. In spite of the same, no action is being taken by the respondents. Counter-affidavit is filed by the first respondent – Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. In the counter-affidavit, while denying various allegations made by the petitioner, it is stated that the land covered by Survey Nos.54 and 185, new Survey No.86, belongs to the Government and the site in question is classified as private land. It is further stated that abutting the property of the petitioner, there is a Government land and some unknown persons constructed A.C. Sheet sheds unauthorizedly therein and there is absolutely no encroachment in the property of the petitioner as alleged. It is also stated that since the shed has been constructed in the Government land, the Tahsildar, Gajuwaka, is competent to take appropriate action. It is submitted by the learned counsel for the petitioner that even with regard to the illegal constructions, in spite of making a representation by the petitioner on 28.01.2008, no action is being taken by the respondents. It is to be noted that, as stated in the counter-affidavit, constructions were made in the Government land but not in the land of the petitioner. In that view of the matter, in the absence of persons, who made objectionable constructions, are not parties to this writ petition, no relief can be granted to the petitioner as prayed for. However, it is made clear that if any constructions are made even in the Government land without any permission, I am sure, the respondents will act upon the representation, dated 28.01.2008, made by the petitioner, by giving notice to all concerned. Subject to the above observation, the writ petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 25th OCTOBER, 2010. kvni