THE HON’BLE SRI JUSTICE K.C.BHANU W.P.No.12320 OF 2011 ORDER: This writ petition is ﬁled seeking to issue a writ of Mandamus declaring the action of respondent No.2 in not taking any steps for removal of unauthorized construction of shed on the southern side gate of compost yard, which is municipal reserve site in Sy.No.66/2 situated at Ahmadnagar, Hindupur, Ananthapur District, in pursuant to the ﬁnal notice, dated 10.03.2011, issued by him as illegal and arbitrary and consequently, to direct respondent No.2 to remove the said unauthorized construction. 2. It is stated in the aﬃdavit ﬁled in support of the writ petition that the petitioner is the permanent resident of Ahamad Nagar, Hindupur, Ananthapur District residing in D.No.25-2-202 for the last ten years. He purchased the land to an extent of Ac.0.15 cents and constructed his house to the southern side of compost yard, which belongs to Hindupur Municipality. While so, when respondent No.3 was trying to construct a shed on the southern side gate of compost yard, he made a representation to respondent No.2 to take action, but no action has been initiated. However, respondent No.3 completed the construction and so, the petitioner made a representation to respondent No.2 brining to its notice about the unauthorized construction. Then, the staﬀ of respondent No.2 conducted survey and found that respondent No.3 had illegally constructed the shed in the site of respondent No.2. The petitioner submitted a petition under Prajavani to respondent No.1, who in turn directed respondent No.2 to take action against the illegal construction of respondent No.3. Respondent No.2 issued show cause notice on 13.01.2001 and directed respondent No.3 to remove the unauthorized shed, but respondent No.3 has not obliged the direction of respondent No.2. Later, respondent No.2 issued a ﬁnal notice to respondent No.3 on 10.03.2011 directing to remove the unauthorized construction within seven days. But respondent No.3 is not intending to remove or demolish the unauthorized construction. Respondent No.2 requested the S.H.O., I Town Police Station, Hindupur to depute police to maintain law and order at the time of removal of encroachments, but respondent No.3, being 32nd Ward Councillor of respondent No.2 Municipality, along with her husband is inﬂuencing the municipal authorities not to remove the said construction. Hence, he filed the present writ petition. 3. The grievance of the petitioner is that respondent No.2 is not taking any steps for removing of unauthorized construction of shed by respondent No.3 on the southern side gate of compost yard, which is municipal reserve site in Sy.No.66/2 situated at Ahmadnagar, Hindupur, Ananthapur District. 4. Learned Counsel for respondent Nos.1 and 2 contended that the Municipality issued ﬁnal notice on 10.03.2011 directing respondent No.3 to remove the constructions, failing which action would be initiated under the A.P. Municipalities Act, 1965. 5. Learned counsel for respondent No.3 stated that for the ﬁnal notice, dated 10.03.2011, respondent No.3 will ﬁle a reply and thereafter, respondent Nos.1 and 2 may take appropriate decision. 6. The case of the petitioner is that respondent No.3 encroached the site of respondent No.2-Municipality. Municipality also issued a notice to respondent No.3 for removal of construction on the municipal site. There cannot be any dispute that no one is permitted to encroach or make any constructions on the municipal site. Respondent Nos.1 and 2 have to see that the municipal site is protected. So, they have to visit the subject property and verify whether respondent No.3 has made any construction on the municipal site or within her site. For this purpose, Municipality has already issued a notice on 13.01.2011, and thereafter, a ﬁnal notice on 10.03.2011. However, no action has been initiated in pursuance of this notice. So, respondent Nos.1 and 2 are directed to take appropriate action in removing the unauthorized construction on municipal site after giving a reasonable opportunity to respondent No.3. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _______________ K.C.BHANU, J 14th November, 2011. AMD THE HON’BLE SRI JUSTICE K.C.BHANU W.P.No.12320 OF 2011 Date: 14.11.2011 AMD