HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.21094 of 2010 Date : 25-10-2010 Between : Koduru Venkata Purushothama Rao .. Petitioner And The Chief Executive Officer, Zilla Parishad, West Godavari at Eluru and others .. Respondents Counsel for petitioner : Sri Nimmagadda Satyanarayana Standing Counsel for respondent No.1 : Sri D.Venkateswar Rao, representing Sri M.Prabhakar Rao Counsel for respondent No.2: Counsel for respondent Nos.3 to 15: None The Court made the following : ORDER: This Writ Petition is filed for a mandamus to declare the inaction of respondent Nos.1 to 3 in taking steps for removal of encroachments made by respondent Nos.3 to 15 on road margin lying between the petitioner’s land admeasuring Ac.8-13 cents and Ac.3-48 cents covered by S.Nos.59 and 62/2, respectively of Kamavarapukota village, as illegal and contrary to the provisions of the A.P. Panchayat Raj Act, 1994. In pursuance of the notice issued by this court, the learned counsel for the petitioner has placed proof of service of notice on respondent Nos.3 to 6 and 8 to 15. In the manner in which the present Writ Petition is proposed to be disposed of, it may not be necessary to serve notice on respondent No.7. Despite service of notice, no one entered appearance on behalf of the above mentioned respondents. The grievance of the petitioners is that though respondent Nos.3 to 15 are in occupation of the road margin causing grave inconvenience to the petitioners, respondent Nos.1 to 3 have not been taking any action. At the hearing, Sri D.Venkateswar Rao, learned counsel representing Sri M.Prabhakar Rao, learned Standing Counsel for Zilla Parishad, placed before the court letter dated 22-9-2010 addressed by respondent No.1 to him wherein it is stated that by letter dated 26- 6-2010, respondent No.1 has requested the Mandal Revenue Officer, Kamavarapukota, to remove the houses constructed on road margin and a similar letter was addressed by respondent No.1 on 2-9-2010 to Mandal Parishad Development Officer, Kamavarapukota, wherein he has requested the latter to get the land surveyed through Village Secretary and evict the encroachers after issuing notice by taking police help. It is further stated in the said letter that respondent No.1 is awaiting the report from the Mandal Revenue Officer and Mandal Parishad Development Officer. Having regard to the above mentioned stand taken by respondent No.1, this court has no reason to doubt the bona fides of respondent No.1 in making his efforts to get the encroachers evicted. The above stand of respondent No.1 is placed on record and the Writ Petition is disposed of with the direction to him to take appropriate steps to evict the encroachers after issuing notice to them and following due process of law. As a sequel to disposal of the Writ Petition, WPMP No.26836/2010 is dismissed as infructuous. __________________________ C.V. NAGARJUNA REDDY.,J Date : 25-10-2010 AM