IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF DECEMBER, TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE MR. JUSTICE K.C.BHANU WRIT PETITION No.30056 of 2011 Between: B. Venkatrao … Petitioner And The Govt., of A.P., rep., by its Principal Secretary, Hyderabad & others. … Respondents This Court made the following: THE HON’BLE MR. JUSTICE K.C.BHANU WRIT PETITION No.30056 of 2011 ORDER:- This Writ Petition is filed for a Mandamus to declare the action of the respondents in not taking action on the petitioner’s representation, dated 04.11.2011, and not granting necessary protection for construction of compound wall in his plot admeasuring 788.8 square yards bearing Door No.57/2 situated at Ramachandrapura, Agraharam No.1053 as illegal and arbitrary. It is stated in the affidavit filed in support of the petition that the petitioner purchased the abovementioned land from one Suryadevara Sarojini on 17.07.2009 under a registered sale deed vide document No.4321/2009 and since then he is in possession and enjoyment of the said land; that he went to USA to stay along with his daughter and when he returned after six months, he fell ill, as such, he could not visit his land in question; that after his recovery, when he went to his land, he shocked to see that some third parties occupied the Government land, which is on the southern side of his land, and constructed huts and houses and staying there; that when the said occupants are using his land to reach Yetkuru road, the petitioner requested them not to do so by saying that there is another passage to reach the said road, but they refused to listen to the petitioner; that when the petitioner tried to construct a compound wall, the occupants of the houses threatened him with dire consequences; that when the petitioner informed the authorities of the Guntur Municipal Corporation about the action of the said occupants, the municipal authorities measured his land and issued an endorsement dated 20.10.2011 stating that the occupants are passing through the petitioner’s land; that the petitioner gave a detailed representation on 10.03.2011 to respondent No.2 and requested him to survey his land and submit a report and that thereafter a full-fledged survey has been conducted in his land on 30.08.2011, that on 29.10.2011 when the petitioner again tried to construct the compound wall, the said occupants did not allow him to do so and as such on 04.11.2011 the petitioner gave a complaint to the respondents to do needful and that since no action has been taken by the respondents on his representation, the petitioner filed the present Writ Petition. Learned counsel for the petitioner contended that the petitioner gave a representation on 04.11.2011 stating that some persons occupied the Government land, which is on the southern side of his land, and no action has been taken by the respondents. The learned Standing counsel for the respondents contended that appropriate decision will be taken on the representation of the petitioner dated 04.11.2011. The grievance of the petitioner is that some persons occupied the land belonging to the Government and constructed huts and houses. This aspect has to be verified by the 3rd respondent and thereafter to take an appropriate decision in accordance with law. Hence, the Writ Petition is disposed of directing the 3rd respondent to take an appropriate decision on the representation of the petitioner, dated 04.11.2011, and pass necessary orders thereon. For any reason, if the representation of the petitioner is not available with the 3rd respondent, liberty is given to the petitioner to file a fresh representation. No costs. _______________ K.C.BHANU, J Date: 02.12.2011 ES