IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 12199 of 2008 Between: Koppada Babji S/o. Lakshminarasimham R/o. D.No. 60-1-8, Lankadivari Street, Jagannaickpur, Kakinada, East Godavari District. ..... PETITIONER AND 1 The Commissioner, Kakinada Municipal Corporation, Kakinada, East Godavari District. 2 The Town Planning Officer, Kakinada Municipal Corporation, Kakinada, East Godavari District. 3 Boddu Venkata Raju S/o. Not known to the Petitioner R/o. D.No. 60-1-6, Lankadivari Street, Jagannaickpur, Kakinada, East Godavari District. 4 Dhunna Lakshmi W/o. Jagga Rao R/o. D.No. 60-1-7, Lankadivari Street, Jagannaickpur, Kakinada, East Godavari District. 5 Penapothu Arjuna Rao S/o. Not known to the petitioner R/o. D.No. 60-1-5, Lankadivari Street, Jagannaickpur, Kakinada, East Godavari District. 6 SMt. Giriraju Rajani W/o. Pushparaj R/o. D.No. 70-7-2/B, Siddharatha Nagar, Kakinada, East Godavari District. 7 Koppada Chennamma W/o. Not known to the petitioner R/o. D.No. 60-3-32, Lankadivari Street, Jagannaickpur, Kakinada, East Godavari District. .....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 to issue a writ order or orders or direction especially one in the natrue of writ of Mandamus declaring the inaction of the respondents in not initiating the steps pursuant to the notice dt. 23-2-2008 issued by the petitioner in accordance with the provisions of the Hyderabad Municipal Corporation Act 1955 which is applicable to the Kakinada Municipal Corporation as illegal, arbitrary and violative of Provisions of Hyderabad Municipal Act, 1955 and pass such other order or orders Counsel for the Petitioner:MR.S.SUBBA REDDY Counsel for the Respondent No.: MR.S.NAGESWARA REDDY The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 12199 OF 2008 ORDER: 1. The petitioner is the owner of the premises bearing No. 60-1-8, Jagannaickpur, Kakinada, East Godavari District. He filed suit being O.S.No.1030 of 2005 on the file of the I Additional Junior Civil Judge, Kakinada, against his neighbour apprehending interference in his peaceful possession and enjoyment of his house. He also sought for mandatory injunction in respect of removal of some of unauthorized construction made by the defendants therein. He submitted representation to the 1st respondent seeking removal of certain unauthorized construction put up by Respondents No.3 to 7 in a public street. Since, his representation is unattended, he choose to approach this Court invoking jurisdiction under Article 226 of the Constitution of India. 2. Heard learned counsel for the petitioner and learned Standing Counsel appearing for the Respondents No.1 and 2. 3. Learned counsel appearing for the petitioner submits that the encroachment made by the Respondents No. 3 to 7 have been noted by the Commissioner appointed in O.S.No. 1030 of 2005 and it is for the 1st respondent to initiate necessary action for removal of the said encroachments. 4. It appears, the petitioner filed a representation before the 1st Respondent detailing the encroachments made by the Respondents No.3 to 7 on a public street. In which case, it is for the 1st respondent to initiate necessary action on the representation after serving notice on the affected parties such as respondents NO.3 to 7. 5. Accordingly, the writ petition is disposed of directing the 1st respondent to consider the representation, dated 23-2-2008 and initiate necessary action after putting on notice the affected parties within two months from the date of receipt of copy of this order. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 13th June, 2008. Note: C.C. in two days B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 12199 OF 2008 13th June, 2008.