IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SUNDAY, THE TWELFTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 569 of 2009 Between: 1 N.Rambabu, S/o. Sri Rattaiah, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 2 V.Hanumantha Rao, S/o. Sri Seshaiah, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 3 Ch.Srinivasa Rao, S/o. Sri Seshaiah, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 4 Ravinuthala Satyanarayana, S/o. Sri Kannaiah, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 5 Madala Somaiah, S/o. Sri chalamaiah, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 6 Bellamkonda Ranga Rao, S/o. Sri Musalaiah, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 7 Jarugula haribabu, S/o. Sri Brahmaiah, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 8 Makkena Sriramulu, S/o. Sri Chenchaiah, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 9 Jarugula Subba Rao, S/o. Sri Chenchaiah, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 10 Kantamraju Venkata Rathnaiah, S/o. Sri Subbaiah, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 11 Inkollu Lakshmi Prasada Rao, S/o. Sri Venkatappaiah, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 12 Bellamkonda Baleswara Rao, S/o. Sri Gurunadham, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 13 Kantamraju Kotaiah, S/o. Sri Subbaiah, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 14 Bellamkonda Pardhasarathi, S/o. Sri Kankaiah, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 15 Bellamkonda Srinivas Rao, S/o. Sri Panduranga Rao, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 16 Narayana Srinivasacharyulu, S/o. Sri Pedahanuma Charyulu, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 17 Madala Mahalaxmamma, W/o. Sri chalamaiah, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 18 Nalluri Raghavamma, W/o. Sri subba Rao, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 19 Thagirisa Samrajyam W/o.Sri Sriramulu, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 20 Narayana Ranganayakamma, W/o.Sri Peddahanumacharyulu, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 21 Vasantha Suresh, S/o. Sri Seshaiah, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 22 Makkenna Raghavaiah, S/o. Sri Chenchiah, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 23 Muppala Nagabhushanam, S/o. Sri Venkaiah, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 24 Veruva Srinivasa Rao, S/o. Sri Venkateswarlu, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 25 Veruva Govindamma, W/o. Sri Venkateswarlu R/o. Duddukur Village Inkollu Mandal, Prakasham District. 26 Vasantha Venkateswarlu, S/o. Sri Venkata Subbaiah, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 27 Nalluri Maruthi Rao, S/o. Sri Chenchaiah, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 28 Duddukur Prabhavathi, W/o. Sri Rangaiah, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 29 Chigurupati Venkata Rao, W/o. Sri Tirupathi Naidu, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 30 Thota Venkateshwaramma, W/o. Sri Venkata Rao, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 31 Kancharlapalli Rathaiah, S/o.Sri Bala Kotaiah, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 32 Kancharlapalli Singaiah, S/o. Sri Kesavulu, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 33 Kancharlapalli Venkata Rao, S/o. Sri Singaiah, R/o. Duddukur Village Inkollu Mandal, Prakasham District. 34 Manukonda Raghupathi, W/o. Sri Hanumantha Rao, R/o. Duddukur Village Inkollu Mandal, Prakasham District. ..... PETITIONER(S) AND 1 The State of Andhra Pradesh, Rep by Principal Secretary (R & B), Secretariat, Hyderabad. 2 The Superintending Engineer, R&B, Ongole 3 The District Collector Prakasham District, Ongole 4 The Revenue Divisional Officer, Ongole, 5 The Tahsildar, Inkollu Mandal, Inkollu Prakasam District. 6 The Gram Panchayat, Duddukuru Village, Inkollu Mandal, Prakasam District, Rep by its Secretary, Duddukuri Village. .....RESPONDENT(S) 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 a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring theaction of the 6th respondent in issuing the impugned show cause notices dated 07-01-2009 as arbitrary, illegal and violation of the rules framed under G.O.Ms.No.555 PR & RD (Rules) dated 03.12.1999 and consequently set aside the impugned show cause notices dated 07.01.2009 issued by the 6th respondent, in the interest of justice and equity. Counsel for the Petitioners: MR.SUDHAKARA RAO AMBATI Counsel for the Respondents: MR.M.PRABHAKAR RAO The Court made the following : THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 569 of 2009 O R D E R: This writ petition is filed challenging the show-cause notice issued by the respondents on 7.1.2009 asking the petitioners to explain as to why the encroachments made by them should not be removed from the road margin in S.No. 434 of Duddukuru village, Prakasam District. It appears, as many as 67 persons were issued with such notices, including the petitioners, and 12 persons have responded by filing explanation. After considering the explanation submitted by them, the authorities have passed final orders on 15.1.2009. The said orders are not challenged. However, during the pendency of the writ petition, the Assistant Director of Central Survey Office, Hyderabad was directed to inspect the subject road and submit a report. He submitted a report stating that the existing FMB has been scanned and it is enlarged for clarity and the road measurements were scaled from sketch, as plottable data is not available for the road in the FMB of S.No. 434, which is prepared in the year 1905. As per the FMB of 1905 sketch, the width of the road varies from 38 feet to 92 feet. In the counter filed by respondent No.2, it is categorically asserted that the road leading from Inkollu Naguluppalapadu passing through Duddukuru village is a major District road leading from Guntur to Ongole. The standard norms of all the major District roads in the State of A.P. are 100 feet. The road leading from Guntur to Ongole is a major District road and the entire stretch of the road is 30 meters and only Duddukuru village the road width is average 18 feet from Km.9/290 – 9/529, which clearly shows that the petitioners have encroached the road margins. Further, the petitioners are not the owners and as such they are not entitled to squat over the property. As per the adangal the entire land in S.No.434 of Duddukuru village is a Gram Kantam road and not a patta land. In fact, the villagers of Duddukuru village made a representation to the District Collector for widening the road, as the road in the village was very narrow and public had given consent for widening the road to the extent of 35 feet. Pursuant to the representation submitted to the District Collector, the District Collector proposed for widening of the road to an extent of 35 feet and directed the R&B Department to proceed with widening of the road. Be that as it may, since final orders have already been passed by the respondents pursuant to the impugned show-cause notice dated 7.1.2009, nothing survives in this writ petition for further adjudication. The writ petition is accordingly closed. JUSTICE C.V. RAMULU. Date: 04-12-2009. MVB.