HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.3622 of 2011 Date: 19.10.2011 Between: K.B.S.Murthy ..... Petitioner AND: The Collector, Anantapur Distrtict And seven others. .....Respondents Counsel for the Petitioner: None appeared Counsel for Respondent Nos.1 & 2: AGP for Revenue Counsel for Respondent Nos.3 & 4: GP for Roads and Buildings Counsel for Respondent No.5: GP for Home Counsel for Respondent Nos.6 to 8: M/s A.Hanumantha Reddy The Court made the following: ORDER: This Writ Petition is filed for the following substantial relief: “…… to issue a writ of Mandamus declaring the action of respondents Nos.1 to 5 in not protecting the road margin from encroachment by respondent Nos.6 to 8 in Sy.No.336-1, Puttaparthi Village and Mandal, admeasuring 3.54 cents, on the Puttaparthi Kammavaripalli Road, as illegal, arbitrary and contrary to direction in G.O.Ms.No.262, dated 31.03.2010.” On 21.09.2011, there is no representation for the petitioner. Therefore, the case was adjourned. Even today, there is no representation for the petitioner at the hearing. Therefore, ordinarily, the Writ Petition is liable to be dismissed for non-prosecution. Even otherwise, the Writ Petition is to be dismissed because at the hearing, it is stated by the learned Assistant Government Pleader for Revenue, representing respondent Nos.1 and 2, that the survey got conducted by them showed that respondent Nos.6 to 8 have not encroached on the petitioner’s property, as alleged by the petitioner, but they have encroached on the road margin. Respondent Nos.6 to 8 have filed counter-affidavit, wherein they have denied the allegation of the petitioner that they have encroached on the latter’s property. They have, in fact, alleged that it is the petitioner who has encroached on their property. In the light of the above uncontroverted facts, the Writ Petition is dismissed. As a sequel to dismissal of the Writ Petition, W.P.M.P.No.4489 of 2011 filed by the petitioner for interim relief is dismissed as infructuous. ______________________________ C.V.NAGARJUNA REDDY, J 19th October 2011 DR