IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 20686 of 2008 Between: 1 Kolluru Babu Rao, S/o. Lakshmana Rao, r/o. Koyyalagudem, West Godavari District. 2 Kolluru Ramakrishna Rao, S/o. Lakshmana Rao, r/o. Koyyalagudem, West Godavari District. ..... PETITIONERS AND 1. Mandal Parishad Development Officer, Koyyalagudem, West Godavari District. 2 Gram Panchayat, Parimpudi, Koyyalagudem Mandal, West Godavari District. Rep by Secretar 3 Tahsildar, Koyyalagudem Mandal, West Godavari District. 4 Asst. Executive Engineer, R & B Department, Koyyalagudem Mandal, 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 will be pleased to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in proposing to assign the road margin in between the main road in R.S.No. .314 and the petitioners land in R.S.No. 313 for construction of pucca building and for any other permanent purpose in Parimi Village, Koyyalagudem Mandal, West Godavari District as illegal arbitrary and violative of Board standing orders consequently directing the respondents not to alter the nature of the road margin and take steps to remove the encroachments in the said road margin by not allowing any permanent construction and any other permanent works by any 3rd parties. Counsel for the Petitioners:MR.T.V.S.PRABHAKARA RAO Counsel for the Respondent No.: GP FOR ROADS & BUILDINGS The Court made the following : Order: The petitioners claim to be the owners and possessors of the property in an extent of Ac.6.48 cents in Sy.Nos.231 and 313 of Parimpudi Village of Koyyalagudem Mandal, West Godavari District. The said property was purchased by their father under registered sale deed dated 4.2.1970 and after his demise, the properties were partitioned among their family members and a major extent in the property in question was allotted to them and they are managing the property. The authorities have also issued pattadar pass books in their favour. On the southern side of the property, there is a main road passing from Kovvur to Jangareddygudem, situated in Sy.No.314. The said road is upto their private lands and it is being used by them not only for their ingress and aggress but also by the other private owners in and around the property and it is also being used for the purpose of agricultural operations such as thrashing floors, loading and unloading of the crop and also for keeping the load of tobacco barrens temporarily to transport. It is also stated that the said road margin is also used for free vehicular movement of the all the surrounding land owners and house owners who have recently constructed their houses in some part of the lands in Sy.No.313 and 231. While the matters stood thus, some third parties have high handedly put up temporary huts by encroaching some part of the road margin between their property and the main road. Since the same was causing obstruction to their ingress and egress to the property, the made a complaint about the same to the higher officials including the respondents herein. As there was no action to remove the said encroachments, they have filed O.S.No.725 of 007 on the file of the Princial Junior Civil Judge, Kovvur against the encroachers for mandatory injunction and seeking a direction to the respondents to remove the encroachments in the road margin. Taking advantage of the situation some other persons are raising permanent pillars under the name of an Ashramam and temple to see that their encroachments are not touched by the authorities. The grievance of the petitioners is that instead of taking action for removing the encroachments, the 2nd respondent has issued no objection to assign the said land and at his instance respondents 3 and 4 are proceeding further. Thus they filed this writ petition seeking a direction to the respondents not to alter the nature of the road margin between the lands in R.S.Nos.313 and the petitioners lands in R.S.No.314 from constructing pucca buildings and for other permanent purposes in Parimi Village, Koyyalagudem Mandal, West Godavari District. This Court while issuing notice before admission on 22.9.2008 directed the respondents not to assign and permit any road margins to be encroached, in Parimi Village, Koyyalagudem Mandal, West Godavari District. Thereafter the respondents have filed a detailed counter affidavit along with a vacate stay petition stating that the total road margin belongs to the R&B Department is to an extent of 38.3. mtrs and out of the said road margin only 8 mts. BT road has been laid and the balance is left for the purpose of widening of the road in future as the same is being designated as a National Highway and the place is left opened for future purposes. However, it is admitted that there are encroachments on the road margin and that the R&B authorities have also addressed a letter to the revenue authorities for removal of the same and that the said road margin cannot be assigned to third parties. It is clearly admitted in the counter affidavit that there is an encroachment to an extent of 21 meters abating the petitioners’ property for which action is being initiated by the R&B officials for removal of the encroachments on the entire road margin through due process of law. In view of the above counter averments, without going into the merits of the matter, the respondents are directed to take all steps to remove the encroachments in question after following due process of law. With the above direction, the writ petition is disposed of. No costs. N.V.RAMANA,J DT.22.6.2009 msv