IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 14692 of 2000 Between: 1 Sk. Khaja Moinuddin, S/o. Silar Saheb Sangam village Sangam Mandal Nellore District 2 Sk. Mahabullah, S/o. Late Kasim Khan Sangam Village Sangam Mandal Nellore District ..... PETITIONER(S) AND 1 The Registrar Office of the A.P. Lokayuktha & Upalokayuktha Basheerbagh Hyderabad 2 The District Collector Nellore Nellore Dist 3 The District Revenue Officer, Nellore Nellore District 4 Mandal Revenue Officer Sangam Village & Mandal Nellore District 5 Station House Officer Sangam Police Station Sangam Village & Mandal Nellore District 6 The Executive Officer Sangam Gram Panchayat, Sangam Mandal Nellore District 7 A. Sai Mohan, R/o. 2/48, Buchireddipalem Mandal Buchireddipalem, Nellore District .....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 to issue an appropriate Writ, order or diretion particularly on in the nature of Writ of Mandamus declaring the action of the Respondent by passing impugned order, wherein declaring the petitioners, who are encroachers of the Government site and directing the 2nd Respondent to remove the encroachments and further directing to submit the report complaying the same is arbitrary, unreasonable and violation of principles of natural justice and accordingly set aside the orders of 1st Respondent made in Complaint No. 767/99-B2 dated 19-11-1999, and not to evict the Petitioner from the land situated in Survey No.361/A of Sangam village and Mandal, Nellore District and consequently direct the responents to conduct enqury on the allegations made against petitioners, if any, by giving reasonable opportunity and pass Counsel for the Petitioner:MR.K.MURALIDHAR REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ... VE & PSR, JJ W.P.No. 14692 of 2000 O r d e r: (Per P. Swaroop Reddy, J.) The petitioners herein, who are two in number, are seeking writ of Mandamus declaring the action of the first respondent, in passing order in C.No.767/99/B2 dated:19.11.19991 advising the District Collector, Nellore to take necessary action to protect the government site by removing the encroachments as per law, besides sending a copy of the preliminary verification report along with the material gathered by the Investigating Officer to the District Collector for taking necessary action and to submit the action taken report to the first respondent as illegal, arbitrary and without jurisdiction. 2. It is the case of the petitioners that they are the permanent residents of Sangam village and Mandal of Nellore District. The first petitioner was running a Mutton shop and also having a cool drink shop and the second petitioner is running a flower shop. Both of them are doing business in an extent of three ankanams of land situated in Sy.No.361/A, which is close to reserve forest in the Revenue records of Sangam Village; these lands were vested in the Forest Department and are adjacent to Nellore - Mumbai Road. It is stated that they have also obtained electricity connection and are paying electricity charges. It is further stated that similar to the petitioners several others have also raised thatched sheds and wooden bunks on the road margin and carrying on business. Further, one Pathan Hussain Khan filed suit - O.S.No. 40 of 1992 before the learned Principal District Munsif, Kovur, which was decreed on 2.4.1996 holding that the said Pathan Hussain Khan is entitled to be in possession of the suit schedule property, as long as the bunk raised by him does not become an obstruction to the traffic and the respondents herein are at liberty to evict him as and when the bunk erected by him causes obstruction for construction of any building for the public purpose. 3. While so, the seventh respondent herein filed complaint No. 767 of 1999 before the Hon'ble Lok Ayukta, based on which the impugned order dated:19.11.1999 was passed. It is further submitted that in similar circumstances W.P.No. 13119 of 2000 was filed and this court has granted interim directions. It is further stated that the Upa-Lok Ayukta has no jurisdiction to entertain a complaint against private persons and under the guise of the order passed by the Upa Lok Ayukta, the petitioners cannot be evicted. This court while admitting the writ petition granted interim stay to the extent of seeking action taken report from the District Collector, Nellore by the first respondent. This court did not grant any stay restraining the respondents from initiating appropriate action for removal of the encroachments. 4. The fourth respondent herein filed a counter stating that even as per the orders of the Civil Court in O.S.No. 40 of 1992 or as per the orders of the Upa Lok Ayukta, the encroachments can be removed, if they are causing obstruction to the general public and as the encroachments are causing obstruction to the movement of the general public, the fourth respondent herein has issued notice under section 7 of the A.P. Land Encroachment Act to the encroachers viz., (1) Sk. Mujab (2) Bnedi Koteswara Rao and (3) Sk. Mahaboob Sahab and as they have refused to receive the notices, the notices were affixed on the notice board. Thereafter, S. 6 notice was issued asking the encroachers to evict the encroached old bus shelter before 5.7.2000 trough the Village Administrative Officer, Sangam by way of substituted service by affixing the notices on the wall of the encroached site, as they have refused to receive this notice and thereafter encroachers were evicted from the old bus shelter on 10.7.2000 along with Executive Officer, Gramapanahcyat and Station House Officer, PS., Sangam and vacant possession was handed over to the Gramapanchayat under proper acknowledgment. 5. We have dismissed the connected W..No. 13119 of 2000 also today. 6. We have heard the contentions of the learned counsel appearing for the petitioners and the leaned Government Pleader. 7. Though the counter was filed in November, 2000, no reply has been filed. In the counter it is stated that encroachers occupying the old bus shelter are causing obstruction to the traffic and the bunks set up by the encroachers were evicted by pulling the roof etc., under the A.P. Land Encroachment Act without reference to the orders of the Upa Lok Ayukta. In fact, Upa Lok Ayukta did not pass any order against the encroachers, as private persons do not come within the purview of Act 11 of 1983. But, the District Collector was advised to take action accordingly. Therefore, we are unable to find as to how the order of the Upa Lok Ayukta is illegal and without jurisdiction. 8. In the counter, it is specifically stated that the encroachments were already removed and the said statement has not been rebutted by the petitioners by filing a reply. When they have already been evicted, we do do not find any substance in the writ petition, as the encroachers who have illegally erected the bunks causing inconvenience to the free flow of the traffic were rightly evicted by following due process of Law. 9. In the result, the writ petition is dismissed. No costs. ____________ V. ESWARAIAH, J. July 14, 2009. *BVS _______________________ P. SWAROOP REDDY, J. .