IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No: 33502 of 1998 Between: 1 M/s Hargovindas Shivalal & Co., rep. by its authorised Sinatory and Manager, Mr.S.Kamalaker Rao S/o S.Satyanarayana Rao(died) aged. 42 R/o Hyderabad 2 S. Ammaji W/o. late Kamalakar Rao Flat No.14, Pearl Apartments, Begumpet, Hyd. 2nd petitioner brought on record as LR of deceased Petitioner as per court order dt.25-10-05 in WPMP 29022/05 ..... PETITIONER(S) AND 1 The District Collector, Ranga Reddy District 2 The Revenue Divisional Officer Hyderabad East Division, Ranga Reddy District 3 The Mandal Revenue Officer Quthbullapur Mandal , Rangareddy 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 an appropirate Writ Order or Direction, in the Nature of Mandamus declaring the encoachements on 12 acres of land for which the petitioner has applied for renewal of lease for quarrying Quartz Mineral and as arbitrary illegal amounting to abdication of their duty and issue a consequential direction to the respondents to evict the encroachers from the land and prevent further encroachments over the said extent of land and pass Counsel for the Petitioner :MR.S.SRINIVAS REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORDER: Questioning the inaction on the part of the respondents, in not preventing encroachments over Acs.12-00 of land for which the petitioner had applied for renewal of lease for quarrying Quartz mineral, as arbitrary and illegal the present writ petition is filed and a consequential direction is sought to the respondents to evict the encroachers from the land and prevent further encroachments thereupon. On 31.08.1999, this Court passed interim orders directing the respondents to evict the encroachers and prevent further encroachments over the land of an extent of Ac.12.06 gts in survey no.186/A of Bachpally village, until further orders. Sri S.Srinivas Reddy, learned counsel for the petitioners, would state that subsequent to the filing of the writ petition, the first petitioner died, that his wife has been brought on record as the second petitioner, that the second petitioner is carrying on mining of Quartz, that the lease period is extended upto 2004, that pursuant to the interim orders, while there is no further interference, the encroachments have not been removed till date and that the only grievance which the petitioner still has is with regards the encroachments which exists on the land in question. None of the alleged encroachers have been made parties to the writ petition. In such circumstances, the petitioner is permitted to submit a representation to the Government in this regard and on receipt of such representation, the Government shall take necessary action in accordance with law. With the above observations, the writ petition is disposed of. No order as to costs. ______________________________ RAMESH RANGANATHAN, J 18th March, 2009 CVRK