IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF JUNE, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6742 of 2004 Between: Dangeti Sri Ramulu & others. … Petitioners AND District Collector, East Godavari District, Kakinada & others. … Respondents Counsel for the petitioners : Sri T.N.M. Ranga Rao Counsel for respondents 1to6: GP for Revenue This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6742 of 2004 ORDER:- At the interlocutory stage, the writ petition is taken up for hearing and disposal. As the Court is satisfied that in view of the averments contained in the counter affidavit filed by respondent No.7, the writ petition need not be kept pending any longer. The grievance of the petitioners in this writ petition is that the respondents failed to remove the encroachments on the vacant land forming part of a sanctioned layout in Sy.Nos.182, 183 and 184 of Valasapakala Village, Kakinada Rural Mandal. Respondent No.7, among all the respondents, alone filed counter affidavit in which he admitted that on the objections raised by petitioner No.1 and others against the proposal to grant house site pattas on the vacant land classified as Government puntha and being used as ingress and aggress for convenient enjoyment of the houses constructed in the sanctioned layout bearing LP. No.168 of 1985, the Mandal Revenue Officer, Kakinada Rural did not issue house site pattas. He further admitted that on 12.03.2004 when it came to the notice of the answering respondent that a group of persons claiming to be CPI (M) leaders tried to encroach the Government puntha situated in Sy.No.183 by erecting material for temporary tatched huts, nearly 150 encroachers prevented them from doing so. He further stated that later he went to the police station, Sarpavaram and lodged a complaint before respondent No.5 and requested for providing police assistance to remove the unauthorized encroachments and that in spite of the said complaint, respondent No.5 did not take cognizance of the complaint and any consequent action. He also stated that he intimated the Mandal Revenue Officer, Kakinada and the Revenue Divisional Officer, Kakinada about the abovementioned events and expressed his helplessness to cause removal of the encroachment without the help and assistance of the police. The abovementioned averments contained in the counter affidavit of respondent No.7 indicate disquieting state of affairs. In a welfare State no person can be permitted to take law into his own hands by encroaching into public properties. It is the bounden duty of the State to protect its citizens from the highhanded and unlawful action of the elements, which have no respect for the constitution and law. Unfortunately, none of the respondents, except respondent No.7, filed a counter affidavit. In the wake of the averments contained in the counter affidavit of respondent No.7, which clearly disclose supine indifference on the part of respondent Nos.1 to 6, they are directed to take immediate steps to cause removal of the encroachments on the Government land situated in Sy.No.183 of Valasapakala Village, Kakinada Rural Mandal, East Godavari District, without further loss of time and preferably within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. As a sequel to disposal of the writ petition, WPMP.Nos.8759 of 2004 and 2847 of 2008 are disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 10.06.2008 ES