THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.18891 OF 2010 Date: 15th November, 2011 Between: Dr.Tetali Gurreddy and others …..Petitioners AND Tanuku Municipality, rep. by its Commissioner, Tanuku, West Godavari District and others …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.18891 OF 2010 ORDER:- This writ petition is filed seeking to issue a writ of mandamus declaring the action of the respondents in not taking any action over the representation of the petitioners dated 12.7.2010 as per the rules of the Andhra Pradesh Municipalities Act, 1965, as illegal and arbitrary and consequently direct the respondents to act in accordance with law for removal of the illegal encroachments and to show approach road to the petitioners’ building. 2. Heard. 3. It is stated in the affidavit filed in support of the petition that the petitioners are the absolute owners of the property admeasuring 484 square yards each situated at Sy.No.30/1, Sajjapuram, 31st Ward, now 28th Ward under Tanuku Municipality having been purchased through registered sale deeds and as they have entered into a development agreement for construction of a commercial complex, that they have applied for construction permission to the first respondent and that the first respondent approved the application of the petitioners in B.A.No.107/2005 dated 10.6.2005 for construction of cellar, ground + 3 floors as per the conditions of B.P.No.63 of 2005 and as such the petitioners had completed the construction of the building. It is further stated that the petitioners’ land is situated very nearer to the four roads junction i.e. Rashtrapthi Road, Station Road coaxial road facing towards the national highway and that as the traffic was very high there, a fly over was constructed there and that the road has become very dangerous for the pedestrians and also to the vehicles, that as the unauthorized persons are keeping their vehicles on the road and causing obstruction to the traffic and also closing the approach way to the building of the petitioners, the petitioners made a representation to all the concerned for taking necessary action, that the Sub-Collector, West Godavari District has recommended for removal of obstruction and for shifting of taxi stand. In spite of the recommendations of the Sub- Collector, the first respondent had not taken any action due to some political reasons. Though the first respondent issued occupancy certificate to the petitioners on 3.11.2006 vide proceedings in Roc.No.2121/2006.F1, the petitioners have no approach road to their building and that the petitioners No.2 and 3 filed a Writ Petition No.24459 of 2006 against the first respondent herein and this Court by order dated 22.12.2006, directed the first respondent to look into the grievance of the petitioners therein and further proceed in accordance with law keeping in view the recommendations made by the Sub-Collector, West Godavari District within a period of eight weeks from the date of receipt of a copy of that order. It is further stated that in spite of the specific orders of this Court, some unauthorized persons are occupying the approach road and utilizing it for taxi stand and they are constructing a temple of Anjaneya Swamy in four road corner which is causing lot of traffic problems to the public and to the petitioners. Hence, they filed the present writ petition. 4. The learned counsel for the petitioners contended that some persons occupied the Government land by the side of the road and causing much inconvenience to the traffic and therefore the petitioners gave representations to the first respondent and also to the Sub- Collector, West Godavari to take action in the matter, but none of them have taken any action. 5. On the other hand, the learned counsel for the first respondent stated that nobody is permitted to occupy the land of the Government and cause public inconvenience and the first respondent-Municipality would take appropriate decision on the representation of the petitioners in accordance with law. 6. Recording the above, the Writ Petition is disposed of directing the first respondent to take appropriate decision on the representation of the petitioners dated 12.7.2010 in accordance with law. No costs. _______________ K.C.BHANU, J 15th November, 2011 TJMR THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.18891 OF 2010 Date: 15th November, 2011