IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5366 of 2008 Between: V.Vijaya Lakshmi W/o. Late Rama Raju R/o. Srirampuram, Bhimavaram, Bhimavaram Post & Mandal, West Godvari District. ..... PETITIONER AND 1 The State of A.P., rep. by its Collector, West Godavari District at Eluru. 2 The Tahasidar, Jangareddygudem, Jangareddygudem Mandal, West Godavari Dist. 3 The Jangareddygudem Gramapanchayat , Rep. by its Village Revenue officer, Jangareddygudem, Jangareddygudem District. 4 Sri Muppidi Sreenu Behind Mosque, Peta Ward no.5, Jangareddygudem Post & 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 an order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents 1 to 3 in not taking action on the notice dated 26-2-2008 as illegal, arbitrary malafide and in violation of principles of Natural justice and consequently direct the respondent 1 to 3 take action on the notice got issued by the petitioner dated 26-2-2008 and removed the structures raised by the 4th respondent in the road situated in R.S.No. 453 of Jangareddygudem Village and Mandl, West Godavari Dist., Counsel for the Petitioner: MR.K.VISWANATHAM Counsel for the Respondents: GP FOR REVENUE The Court made the following : Order: It is case of the petitioner that he owns a house site of 412 sq.yards in R.S.No.463/2 and 0.18 cents in R.S.No.453/8 in Jangareddygudem Village and there is a punta road passing in between the two plots; that he and other site owners have been using the said road to reach their plots. While the matters stood thus, the 4th respondent with an intention to grab the said land raised a thatched hut in the middle of the road. Therefore, he approached respondents 1 and 2 and represented to them not to give any house site patta in favour of the 4th respondent or any other person by the side of the road margin. Since there was no response from the authorities, he also got issued a notice on 26.2.2008 not to give any pattas by the side of the road. Even after receipt of the said notice, since there was no response from the authorities, the present writ petition is filed seeking a direction to respondents 1 to 3 to take action on the notice got issued by him on 26.2.2008 and to remove the structures raised by respondent No.4 in the road situated in R.S.No.453 of Jangareddygudem Village and Mandal, West Godavari District. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Revenue and at their request the matter is taken up for final disposal at the admission stage itself. On 13.3.2008, when the matter came up for admission, learned Government Pleader was directed to obtain instructions in the matter. Today, when the matter is taken up, the learned Government Pleader expressed his inability to obtain instructions, but, however, agreed to dispose of the writ petition with a direction to respondents 1 to 3 to pass appropriate orders on the notice got issued by the petitioner. Hence, the writ petition is disposed of with a direction to respondent No.2 to consider the notice got issued by the petitioner and after giving opportunity to respondent No.4 take action in accordance with law within a period of two months from the date of receipt of a copy of this order. N.V.RAMANA,J Dt.26.3.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The State of A.P., rep. by its Collector, West Godavari District at Eluru. 2 The Tahasidar, Jangareddygudem, Jangareddygudem Mandal, West Godavari Dist. 3 The Jangareddygudem Gramapanchayat , Rep. by its Village Revenue officer, Jangareddygudem, Jangareddygudem District. 4 Sri Muppidi Sreenu Behind Mosque, Peta Ward no.5, Jangareddygudem Post & Mandal, West Godavari District 5. 2CCs to G.P. for Revenue, High Court of A.P.Hyderabad. 6. 2CD copies