IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTEENTH DAY OF SEPTEMBER, TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.511 of 2010 Between: Sri N. Satyanarayana & another. … Petitioners And District Collector, W.G. District & others. … Respondents Counsel for the petitioners: Sri Meherchand Nori Counsel for respondents 1-3: AGP for Roads & Buildings Counsel for respondent No.4: AGP for Panchayat Raj Counsel for respondents 5,6&8: Sri S. Subba Reddy Counsel for respondent No.7: None This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.511 of 2010 ORDER:- This Writ Petition is filed for a Mandamus to direct respondent Nos.1 to 3 to prevent construction of shops by respondent Nos.5 to 8 over the R&B and Panchayat site road margin in K.N. Road, Nallajerla Village, West Godavari District. I have heard the learned counsel for the petitioners, learned Assistant Government Pleader for Roads and Buildings representing respondent Nos.1 to 3 and Sri S. Subba Reddy for respondent Nos.5, 6 and 8. Notice sent to respondent No.7 has returned un-served. The petitioners alleged that respondent Nos.5 to 8 have occupied the road margin vested in Roads and Buildings and Panchayat Raj Departments and that no action is taken by respondent Nos.1 to 4 for their eviction. At the hearing, Sri S. Subba Reddy, learned counsel for respondent Nos.5, 6 and 8, submitted that when there was threat of demolition of the structures raised by the petitioners on the properties belonging to them, respondent Nos.6 and 8 filed O.S.No.1 of 2010 and I.A.No.9 of 2010 for permanent injunction against the State of A.P. represented by the District Collector, West Godavari District and other officials and that an advocate commissioner was appointed in the said suit, who has filed a report to the effect that the distance between K.N. Road and the disputed constructions is 21 feet, the slab of the shops was projected 5 feet towards the road and that without the assistance of the Mandal Surveyor and the documents showing the measurements of the Roads and Buildings land, the commissioner is unable to fix the boundaries between the plaintiffs’ land and the land of Roads and Buildings department. Inasmuch as the civil suit is pending, wherein the question of alleged encroachment by the petitioners is involved, it is appropriate to await the adjudication of the said civil suit before embarking on any action by respondent Nos.1 to 4. If the petitioners feel that their interests are affected, they are entitled to file appropriate application for their impleadment in the pending suit. Subject to the above observations, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, WPMP.No.630 of 2010 filed by the petitioners for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 15.09.2011 ES