IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 5319 of 2008 Between: Ravavarapu Sivarama Krishnaiah S/o. Late V.Kantaiah R/o. Krishna Chytrika Towers, Marripalem, VUDA Layout Plot No.205, Visakhapatnam. ..... PETITIONER AND 1 Greater Visakhapatnam Municipal Corporation , Rep. by its Commissioner, Visakhapatnam. 2 The Town Planning Officer, Greater Visakhapatnam Minicipal Corporation Town Planning Zone IV, City Planning Wing, Visakhapatnam. .....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 issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the respondents in not removing the illegal, encroachments on front of the private land of writ petitioner in spite of respondents noting in their letter dated 15.12.2006 that the side encroachments are unauthorized is illegal, arbitrary and consequently direct the respondents to remove the illegal encroachments in front of property belonging to petitioner i.e. plot No.86, situated at Narasimhanagar, visakhapatnam, and pass Counsel for the Petitioner:. Counsel for the Respondent No.: MR.N.RANGA REDDY The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 5319 OF 2008 ORDER: 1. This writ petition has been filed by Ravavarapu Sivarama Krishnaiah with a prayer to issue order, direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in not removing the illegal encroachments in front of his private land in spite of submitting the representations, dated 15-12-2006 as illegal and arbitrary. 2. Petitioner is the owner of plot NO. 86 of the approved lay out 61/64 admeasuring 250 square yards, situated at Narsimha Nagar, Allipuram, Block No.1, Dwarakanagar, Visakhapatnam. Certain unauthorized constructions were made on the open place obstructing the way to the petitioner’s plot. He submitted a representation to the respondents for removal of the unauthorized constructions. There being no action on the representations, the petitioner chooses to approach this Court with the prayer stated supra. 3. 1st respondent filed counter affidavit, it is stated in the counter affidavit that in the absence of specific direction from this Court, the 1st respondent is not in a position to remove the encroachments since they are existing for the last 20 to 25 years by raising the thatched huts for residential purpose. 4. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the respondents. 5. Indisputably there are unauthorized constructions on the road margins, as per the counter affidavit of the respondents. 6. Such is the situation, I deem it appropriate to dispose of the writ petition directing the respondents to remove the unauthorized constructions after putting on notice the affected parties in accordance with the Hyderabad Municipal Corporation Act and the Rules framed therein within eight weeks from the date of receipt of a copy of this order. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 16th July, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 5319 OF 2008 16th July, 2008.