THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.7008 of 2008 ORDER: This Writ Petition is filed seeking a mandamus declaring the action of the respondents in encroaching the land of the petitioner to an extent of Acs.10.15 cents covered by Survey No.233/3, 235/1, 235/3A, 236/2, 237/1 and 237/3 of Kuppanapudi Village, Akiveedu Mandal, West Godavari District, without following due process of law, as illegal and arbitrary. It is the case of the petitioner that abutting his land, there is a drainage canal known as ‘Ruddaiah Kodu Minor Kaluva’, passing through, and due to lack of proper maintenance, it is covered by silt. It is alleged that respondents 2 and 3 have taken steps to remove the silt from the said drain and in the process, they have encroached into his land and made markings and are taking steps to dig the drainage by using heavy machinery. Precisely, it is his grievance that without following due process of law, the respondents are taking steps to deprive his land, which is a private patta land. In the counter-affidavit filed by the fourth respondent - Deputy Executive Engineer, Drainage Wing, Akiveedu, West Godavari District, while denying various allegations of the petitioner, it is categorically stated that no steps are being taken by the respondents for encroaching into the land of the petitioner. When the matter is taken up, in view of the stand of the respondents in the counter-affidavit denying the allegation of encroachment into the land of the petitioner, the learned counsel for the petitioner requested for disposal of the Writ Petition, placing on record such statement. In view of the submission of the learned counsel for the petitioner, this Writ Petition is disposed of placing on record the statement of the fourth respondent in the counter-affidavit that no land of the petitioner is being encroached and it is not required for any public purpose. No order as to costs. ______________________ R.SUBHASH REDDY, J 26th DECEMBER, 2011. kvni