IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 3495 of 2004 Between: Praja Sankshema Sangam @ Maruthi Nagar Development Association, Regd.No.147/96,Door No.1-219, Maruthi Nagar, Prakasam Convent Street, S.Atchuthapuram, Kakinada-4. ..... PETITIONER AND 1 The Dist.Collector, Kakinada,E.G.Dist. 2 The Divisional Panchayat officer, Kakinada, E.G.Dist. 3 The Revenue Divisional officer, Kakinada Division, Kakinada, E.G.Dist. 4 The Mandal Revenue officer, Kakinada Rural Mandal,E.G.Dist. 5 The Regional Deputy Director, Survey and land Records, Kakinada, E.G.Dist. 6 The Mandal Parishan Development officer, Kakinada Rural Mandal Parishad,Kakinada, E.G.Dist. 7 The Panchayat Secretary,S.Atchuthapuram Panchayat, Kakinada Rural Mandal,Kakinada,E.G.Dist. .....RESPONDENTS Counsel for the Petitioner:MR.A.RAMAKRISHNA Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to direct the respondents to remove the encroachments in Government land comprised in Survey Nos.124/1, 125/1, 125/2 and 125/3 of S.Atchuthapuram, Kakinada-4. In the affidavit filed in support of the writ petition, the petitioner, which claimed to have been formed in the year 1996 to lookafter the residents of S.Atchuthapuram Village, alleged that the land owners, who sold plots in Survey No.124/1, left 20 feet road and handed over the same to Gram Panchayat, which is being used by the people of the Village as ingress and egress. The grievance of the petitioner is that the said land is under encroachment by various persons and despite repeated representations and petitions, the respondents have not taken any action to remove the encroachments. Separate counter-affidavits have been filed on behalf of respondent Nos.1, 3 and 4 and respondent No.7. Sri B.Krishna, Mandal Revenue Officer, who deposed on behalf of respondent Nos.1, 3 and 4 while denying the allegations contained in the affidavit stated that the Mandal Surveyor visited the land on 12.11.2001 and conducted survey and that a copy of the report of the Mandal Surveyor along with the report of the Mandal Revenue Officer addressed to the Revenue Divisional Officer, Kakinada was given to him. It is further submitted that the detailed survey conducted showed that the lands in Survey Nos.124/1, 125/1, 125/2 and 125/3 are zeroithi lands standing in the names of Vemulakonda Krishna Rao, Kollabathula Surayya, Kollabathula Chandrayya and Kollabathula Narsa Raju respectively and that the said lands are not Government lands. A counter-affidavit filed by respondent No.7 is also to the similar effect. The petitioner has not filed any reply affidavit though more than four years elapsed from the date of filing of the counter-affidavits. In the absence of any denial of the contents of the said counter-affidavits, it is not possible for this Court to accept the contention of the petitioner that the land, which was vested in the Gram Panchayat was under encroachment by third parties. Curiously, the petitioner failed to implead the alleged encroachers, which, in my opinion, is fatal to the writ petition. At any rate, in view of the categorical denial of encroachments of the land, no relief in this writ petition can be granted to the petitioner. Since the petitioner’s claim falls in the realm of disputed questions of fact, liberty is given to the petitioner to approach the competent civil Court to substantiate it’s claim that the land vested in the Gram Panchayat is encroached by third parties and seek appropriate relief. Subject to the above observations, the writ petition is dismissed. C.V.NAGARJUNA REDDY, J 10th June, 2008. kvni