IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 6343 of 2009 Between: 1 Kambampati Krishna Murthy S/o.Appa Rao R/o.Badarala village Lingapalem Mandal, West Godavari District 2 Nalluri Naga Satyanarayana S/o.Krishna Murthy R/o.Badarala village Lingapalem Mandal, West Godavari District 3 Nalluri Venkata Narayana S/o.Krishna Murthy R/o.Badarala village Lingapalem Mandal, West Godavari District 4 Kambampati Satyanarayana S/o.Appa Rao R/o.Badarala village Lingapalem Mandal, West Godavari District 5 Kambampati Anjaneya Gupta S/o.Nageswara Rao R/o.Badarala village Lingapalem Mandal, West Godavari District 6 Abburi Saibabu S/o.Late Ramaiah R/o.Badarala village Lingapalem Mandal, West Godavari District ..... PETITIONER(S) 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 Mandal, West Godavari District .....RESPONDENT(S) 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 to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring inaction on the part of respondents on the petitioners representation dated 10.2.2008 and non enforcing resolution dated 27.5.2008 passed by the 3rd respondent fro removal of encroachments on road margin and drain in between the houses of petitioners situated at Badarala village, and Zilla Parishad Road leading from Ramasingavaram to Assannagudem village in West Godavari District as illegal, irregular arbitrary,and violative of provisions of the Andhra Pradesh Panchayat Raj Act, 1994 the rules framed there under and offends articles, 14,19,and 21 of the Constitution of India and consequently direct the respondents to remove the encroachments and restore the road margin and drain and pass Counsel for the Petitioner:MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : O R D E R:- Aggrieved by the inaction of respondent Nos.1 and 2 in taking action on the representation dated 10.2.2008 of the petitioners for enforcing the resolution dated 27.5.2008 passed by the 3rd respondent, namely, Badarala Gram Panchayat for removal of encroachments on the road margins, the petitioners filed the present writ petition. The encroachers of the road margins in question filed W.P. No. 16936 of 2008, questioning the action of the Panchayat Secretary in trying to acquire their lands and dispossess them from their houses as illegal and arbitrary. This Court, considering the stand taken by the respondents in the counter filed by the Panchayat Secretary, by an order dated 03.06.2009, dismissed the writ petition, and granted the petitioners two months’ time to vacate the road margins or else, the Zilla Parishad is at liberty to remove them. Since this Court, in the above writ petition has already directed removal of the encroachments made on the road margins, no orders need be passed in this writ petition filed by the petitioners seeking directions to the respondents to remove the encroachments on the road margins. Accordingly, the writ petition is closed. No costs. ______________ N.V.RAMANA, J Dated: 23rd June, 2009 KSR