IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 24758 of 2008 Between: Gogineni Venkata Siva Prasad S/o. G. Koteswara Rao R/o. nekkalam Gollagudem Village, Agiripalli Mandal, Krishna District. ..... PETITIONER AND 1 The Government of Andhra Pradesh Rep. by Divisional Engineer, Roads & Buildings Nuzividu, Krishna District. 2 The Assistant Executive Engineer Roads & Buildings Department, Special Section Nuzividu, Krishna District. 3 The Tahsildar Agiripalli Mandal Agiripalli, Krishna District. 4 Lingavarapu Venkateswara Rao S/o. not known R/o. Nekkalam Gollagudem, Agiripalli Mandal, Krishna 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 issue a writ, order or direction particularly Writ of Mandamus declaring the inaction of the respondents 1 to 3 in not taking expeditious steps for removal of unauthorised constructions on the Road margins of road leading from Vijayawada to Nuzividu as arbitrary and consequently to direct the respondents 1 to 3 to take steps for removal of unauthorised constructions on Road margin in front of shops of the petitioner forthwith. Counsel for the Petitioner: MR.SURESH KUMAR POTTURI Counsel for the Respondent No.: GP FOR ROADS & BUILDINGS The Court made the following : O R D E R:- This writ petition is ﬁled seeking a mandamus to declare the action of respondents 1 to 3 in not taking expeditious steps for removal of unauthorized constructions made by the 4th respondent in front of the petitioner’s shops on the margins of the Highway Road leading from Vijayawada to Nuzvid, as arbitrary and illegal, and consequently direct them to take steps for removal of unauthorized constructions forthwith. The petitioner asserts that he owns a piece of land in extent of Ac.0.60 cents in S.No.222/2 situated beside R & B Highway Road leading from Vijayawada to Nuzvid. He constructed six shops in his land and leased them out. While so, recently, the 4th respondent constructed some permanent structures between his shops and the Highway Road, thereby preventing access to his shops from the main Road. Then, he made a representation, dated 29.8.2008 to the 3rd respondent-Tahsildar requesting him to take necessary steps for removal of the unauthorized constructions. Further, the 1st respondent-Divisional Engineer directed the Deputy Executive Engineer, Sub-Division, Nuzvid, to inspect the site and submit a detailed report. In pursuance of the said direction, the Deputy Executive Engineer inspected the site and submitted his report on 29.9.2008 stating that L.Venkateswara Rao illegally constructed structures in front of the petitioner’s shops. Now, the petitioner’s grievance is that in spite of the report, dated 29.9.2008 submitted by the Deputy Executive Engineer, the respondents have failed to take any steps for removal of the unauthorized constructions made in his land. Heard the learned counsel for the petitioner, the learned Government Pleader for Roads and Buildings appearing for respondents 1 and 2 and the learned Government Pleader for Revenue appearing for the 3rd respondent. The petitioner, admittedly, is aggrieved by the action of the 4th respondent in making the alleged unauthorized constructions in front of his shops. If the constructions made by the 4th respondent have encroached upon the petitioner’s land or aﬀected his ingress and egress, his remedy is to approach the competent civil Court and certainly he cannot maintain a writ petition seeking directions to the oﬃcial respondents to take action for removal of the constructions made by the 4th respondent. Hence, this Writ Petition is devoid of merits and thus dismissed. However, the petitioner is at liberty to avail the remedies available to him before the competent civil Court. No costs. ______________ N.V.RAMANA, J 12th November, 2008 bcj