IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.5674 of 2005 Between: Sri Ramnagar Nivasula Samkshema Sangham, 27th Ward, Chinagantiyada, (V), Gajuwaka mandal, Visakhapatnam District, being rep.by its President Sri P.Satyanarayana, S/o.Late Appala Swamy, R/o.Sri Ramnagar Social Welfare Colony, Chingantiyada, Gajuwaka Mandal, Visakhapatnam District. ..... PETITIONER AND 1 The District Collector, Visakhapatnam, Visakhapatanm District. 2 The Revenue Divisional officer, Visakhapatnam. 3 The Mandal Revenue officer, Gajuwaka Mandal, Visakhapatnam.- 26. 4 The Deputy Director (Social Welfare), Visakhapatnam. 5 The Gajuwaka Municipality, rep.by is Municipal Commissioner, Gakjuwaka, Visakhapatnam-26. .....RESPONDENTS Counsel for the Petitioner:SMT.N.(P).ANJANA DEVI, SATYANARAYANA Counsel for Respondents 1 to 3:AGP FOR REVENUE Counsel for Respondent No.5: MR. N.RANGA REDDY The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to declare the inaction of respondent Nos.1 to 3 in taking steps for removing the encroachment made by one K.Varahalu along with his brothers by way of thatched hut in open place over an extent of 550 sq.yards shown in the approved layout plan of Sri Ramnagar Social Welfare Weaker Section Colony in Survey Nos.122/2, 125 and 126 of Chinagantiyada Village, Gajuwaka Mandal, Visakhapatnam District, as illegal and arbitrary. The petitioner, which claims to be a society registered under the Societies Registration Act, 1860, felt aggrieved by the inaction of the respondents in evicting the above-mentioned persons from the land admeasuring 550 sq.yards. The petitioner claimed that a layout was sanctioned for the purpose of providing house plots to the people belonging to weaker sections and an extent of 550 sq.yards of land was earmarked for community purpose. The petitioner alleged that one K.Varahalu along with his brothers occupied the said land by raising thatched hut on 25.11.2004 and the petitioner made a representation to the respondents on the same day for removal of the said encroachment. It is averred that the District Collector responded to the petitioner’s representation and gave instructions to the Tahsildar, who in turn issued memo, dated 08.02.2005 to the Social Welfare Department for taking appropriate steps. The petitioner further averred that no further action was taken by the official machinery to evict the encroachers. Having heard Smt. N.Anjana Devi, learned counsel for the petitioner, I am of the view that the writ petition filed for relief of appropriate directions to the respondents to evict Sri K.Varahalu and his brothers, who are stated to be in occupation of the land in question, is not maintainable without the said encroachers being impleaded in the writ petition. The law is well settled that no order behind the back of a person, who is likely to be affected, can be passed. The petitioner has not given any explanation for not impleading the said persons. Therefore, I am not inclined to exercise the discretionary jurisdiction of this Court under Article 226 of the Constitution of India for giving any directions to the respondents. Therefore, the writ petition is dismissed. As a sequel to dismissal of main petition, interim order, dated 09.06.2005 is vacated and WPMP.No.7513 of 2005 is dismissed. C.V.NAGARJUNA REDDY, J 4th MARCH, 2009. kvni