HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.29729 of 2011 Date: 17-11-2011 Between Senagala Venkata Subba Reddy … Petitioner and The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and 3 others … Respondents HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.29729 of 2011 Order: This writ petition is filed seeking a mandamus to declare the action of the respondents in evicting the petitioner leaving the other encroachers on the tank bund of Vooracheruvu of Namboor Gram Panchayat, Pedakakani Mandal, Guntur district, as illegal. 2. The admitted facts are that the petitioner constructed a tiffin center on the bund of a tank, namely, Vooracheruvu of Namboor Gram Panchayat. There is no dispute that the place being the tank bund is an objectionable place. A Public Interest Litigation was filed in W.P.No.6207 of 2010, to which the petitioner was also a respondent, seeking removal of the encroachment. The said writ petition was disposed of on 23-02-2011 by taking into account the Counter-Affidavit filed by the Gram Panchayat, in which it was stated that the construction had been stopped and a decision had been taken for removal of unauthorized constructions. It is stated that in pursuance of the said statement, the pucca constructions made by the petitioners have already been demolished. It appears that there are several other constructions of similar nature against which, the Gram Panchayat has not taken any action so far. The petitioner has filed this writ petition for a limited relief that he is eking out his livelihood by running the tiffin center by erecting temporary shelter in the said place. He complains that the action of the Gram Panchayat in seeking to deprive his livelihood even while permitting other encroachments is unreasonable. He, therefore, states that he be permitted to run the tiffin center only till steps are taken for removal of other encroachments. 3. Heard Sri T.C.Krishnan, learned counsel for the petitioner and Sri G.Elisha, learned Standing Counsel for the 4th respondent-Gram Panchayat. 4. Admittedly, the petitioner is an encroacher. From the aforementioned facts, it is relevant that he is only running the tiffin center by erecting temporary shelter. It is also not in dispute that there are several other encroachments on the tank-bund. 5. The learned Standing Counsel states that expeditious steps are being taken to remove the remaining encroachments also. 6. In the circumstances and in the interest of justice, I deem it appropriate to permit the petitioner to run the tiffin center only till the other encroachments are removed. The petitioner, however, shall not make any permanent construction. The petitioner has also undertaken in his Affidavit in the writ petition. The said undertaking, which is to the following effect, is placed on record, which the petitioner shall scrupulously abide by. “I submit that I hereby undertakes as and when the other shops were evicted I myself voluntarily evicted the premises without any further reference or notice till then at least I may be permitted to run the Tea & Tiffin Centre, without raising any pacca construction. I submit that as I already stated above even after demolition of my permanent structure by the 4th respondent, laying a tarpal roof on temporary basis running the tea and tiffin center. I submit that if I may not be permitted to run the Tea and Tiffin Centre I would be put to suffer great injustice and hardship.” 7. The writ petition is accordingly disposed of, at the stage of admission. No costs. ___________________ NOUSHAD ALI, J. 17th November, 2011. Ak HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.29729 of 2011 17th November, 2011. (Ak)