IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.25960 of 2007 Between: Obillaneni Rambabu, S/o. Gopaiah, R/o. Badarala Village, Lingapalem Mandal, West Godavari District. ..... PETITIONER AND 1 The Zilla Praja Parishad, West Godavari District, Eluru, Rep by its Chief Executive Officer 2 The Assistant Engineer, Mandal Praja Parishad, (Panchayat Raj Department), Lingapalem Mandal, West Godavari District. 3 Badarala Gram Panchayat Rep by its Executive Authority-cum- Panchayat Secretary, Badarala Village, Lingapalem (M), West Godavari District. 4 The Tahsildar, Lingapalem (M), West Godavari District. 5 The Inspector of Prohibition and Excise, Chintalapudi, West Godavari District. 6 Madha Nagaraju, S/o. Ramakrishna, R/o. Badarala Village, Lingapalem (M), West Godavari District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of respondents on the petitioner representation dt. 20-6-2007 for removal of encroachments made by the 6th respondent on road margin and drain in between his house bearing assessment No. 333/A of Badarala Village and Zilla Parishad Road leading from Ramasingavaram to Asannagudem Village in West Godavari District as illegal, irregular, arbitrary and violative of provisions of the Andhra Pradesh Land Encroachment Act, 1905, Andhra Pradesh Panchayat Raj Act 1994, the rules framed there under and offends Articles 14 and 21 of the Constitution of India and consequently direct the respondents to remove the said encroachment and restore the road margin and drain. Counsel for the Petitioner: MR.NIMMAGADDA SATYANARAYANA Counsel for Respondents: G.P. FOR PANCHAYAT RAJ MR. M. PRABHAKARA RAO G.P. FOR REVENUE G.P. FOR PROHIBITION & EXCISE MR. S. APPADHARA REDDY The Court made the following: THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.25960 of 2007 ORDER: The petitioner is the owner of a house bearing No.333/A of Badarala Village, Lingapalem Mandal of West Godavari District, adjoining a Zilla Parishad Road. It is stated that the 6th respondent had encroached the road margin and constructed a house in front of the house of the petitioner and is causing nuisance by selling toddy and other intoxicants. The petitioner made a representation to the Gram Panchayat and other authorities namely respondents 1 to 5 herein with a prayer to remove the encroachment. His grievance is that no action has been taken on his representation. The 1st respondent filed a counter-affidavit. The averment of the petitioner that he is the owner of the house bearing No.333/A of Badarala Village is admitted. It is further mentioned that in the enquiry conducted by the Zilla Praja Parishad, it was found that the 6th respondent has encroached the Zilla Praja Parishad road margin by constructing a thatched house. The 1st respondent has also stated that though the 6th respondent was allotted a house site under Indiramma Phase-II Programme, he is not removing the encroachment and on the other hand he is threatening to commit suicide. Heard the learned counsel for the petitioner, the learned Government Pleader for Panchayat Raj and the learned Standing Counsel for Gram Panchayat. For all practical purposes, the authorities of the Panchayat Raj Department have succumbed to the blackmailing tactics of the 6th respondent. When, admittedly, the 6th respondent had encroached the road margin that too causing nuisance to the petitioner and when he was already allotted a house site, there cannot be any justification for the encroachment to remain. The respondent authorities cannot succumb to such threats and blackmailing tactics. Hence, the writ petition is disposed of directing the respondents 1 to 3 to remove the encroachment existing in front of the house of the petitioner within a period of thirty days from the date of receipt of a copy of this order. There shall be no order as to costs. ________________________ JUSTICE L. NARASIMHA REDDY 12th March, 2009. IBL