IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WEDNESDAY, THE THIRTEENTH DAY OF JULY, TWO THOUSAND AND ELEVEN WRIT PETITION No.13449 of 2008 Between: B.John Vara Prasad and another. … Petitioners And State of Andhra Pradesh, reptd., by its Principal Secretary to the Municipal Administration Department, Secretariat, Saifabad, Hyderabad and others. … Respondents Counsel for the petitioners: Sri S.Verraiah Counsel for the respondents: AGP for Municipal Administration for R.1. Sri S.Nageswara Reddy for R.2. AGP for R & B for R.3 and R.4. Sri Siva Sankara Rao Borra for R.5 This Court made the following: ORDER:- At the interlocutory stage the Writ Petition is taken up for hearing and disposal, with the consent of the learned counsel for the parties. I have heard Sri S.Verraiah, learned counsel for the petitioners; Sri S.Nageswara Reddy, learned Standing Counsel for respondent No.2; and Sri Borra Siva Sankara Rao, learned counsel for respondent No.5. The petitioners are residents of Door No.28-1- 15/1 of Santhinagar, Eluru, West Godavari District. The grievance of the petitioners is that respondent No.5, who is working as a Sweeper in the office of respondent No.2, was attempting to construct RCC building over the road margin, which serves as ingress and egress to the petitioners’ house. The petitioners are stated to have sent a fax message to the office of respondent No.2 on 12-3-2008 with a request to protect the road margin by preventing the encroachments and, accordingly, respondent No.2 prevented respondent No.5 from indulging in the said act. The petitioners, however, alleged that taking advantage of the lenience of respondent Nos.2 to 4, respondent No.5 dumped construction material, i.e., cement bricks and excavated trenches, for laying foundation for construction of RCC building on the road margin; and that when respondent No.5 attempted to erect pillars on 20-5-2008, petitioner No.1 submitted representation, dated 21-5-2008, to respondent Nos.2 and 3 requesting them to prevent respondent No.5 from going ahead with the construction. As the said respondents have allegedly not taken any action, the petitioners filed the present Writ Petition. At the hearing, Sri S.Nageswara Reddy, learned Standing Counsel for respondent No.2 submitted that it has prevented respondent No.5 from raising any construction over the road margin and that as of now no such construction is permitted. He also submitted that respondent No.2 is taking appropriate steps to prevent not only respondent No.5, but also various other persons, who attempt to encroach the road margins and raise constructions, from doing so. Having regard to the above submission of the learned Standing Counsel for respondent No.2, the Writ Petition is disposed of with the direction to respondent No.2 to keep a strict vigil on the encroachments and take all necessary measures for preventing respondent No.5 and other encroachers from raising constructions over the road margins and to remove such constructions, if already made. As a sequel to disposal of the Writ Petition, WPMP No.17351 of 2008 is disposed of as infructuous. ------------------------------------- - C.V.NAGARJUNA REDDY,J Date:13-7-2011 MNR