IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 27366 of 2007 Between: Sri Santhosh Yuvajana Seva Sangam, Rep. by its General Secretary, Sri Kallari Traviti Naidu, S/o.Late Satyam R/o.D.No.2-5G, Santhosh Nagar, Yellapuvanipalem, Chinagadhi Mandal, Visakhapatnam District. ..... PETITIONER AND 1 The District Collector, Visakhapatnam District. 2 The Mandal Revenue Office, Chinagadhili Mandal, Visakhapatnam District. 3 The Commissioner, Greater Visakha Municipal Corporation, Visakhapatnam. 4 Polamaraseti Chinna Rao R/o.Yellapavanipalem village and Panchayat, Visakhapatnam. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a suitable writ order or writ order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondent in not taking any action on the representation made by the petitioner on 20.8.2007 in removing the encroachments made the 4th respondent in S.No. 129/38 of Yallapuvanipalem, Chinagadili Mandal, Visakhapatnam District, as illegal, arbitrary and violative of principles of natural justice and direct the Respondents 1 to 3 to remove the encroachments made by the 4th Respondent in Govt. land covered by S.No.129/38 of Yallapuvanipalem, Chinagadili Mandal, Visakhapatnam District in pursuance of the representations made by the petitioner dt. 20.8.2007 and pass such other order or orders. Counsel for the Petitioner: SMT.S.A.V.RATNAM Counsel for the Respondent Nos.1&2: GP FOR REVENUE Counsel for the Respondent No.3: MR. N.RANGA REDDY, STANDING COUNSEL FOR GVMC. The Court made the following : ORDER: This writ petition has been filed by Sri Santhosh Yuvajana Seva Sangam rep. by its General Secretary Kallari Traviti Naidu assailing the inaction of the respondents on the representation submitted by it complaining the unauthorized constructions made by Polamarasetti Chinna Rao-4th respondent on the path way. 2. Kallari Traviti Naidu, General Secretary, Sri Santhosh Yuvajana Seva Sangam, has sworn to the writ affidavit. It is stated in the writ affidavit that the petitioner is a registered society under Societies Registration Act with Registration No.919/95. The approach way to the Santhoshnagar Colony is through S.No.129/38, which is a Government land. A pathway passes through the government land and it leads to the Santhoshnagar Colony. Except the said pathway, there is no other way for the inmates of Santhoshnagar Colony for ingress and aggress. Polamarasetti Chinna Rao-4th respondent encroached the government land in Survey No.129/38 and thereby blocked the pathway. Representations were submitted to the respondents 1 to 3 and no action was taken on the said representations. Hence, the petitioner approached this Court invoking the jurisdiction under Article 226 of the Constitution of India. 3. When the writ petition came up for admission, with the consent of learned counsel for the parties, the main writ petition is taken up for final disposal. Despite service of notice, Polamarasetti Chinna Rao-4th respondent did not choose to enter appearance either in person or through a counsel. 4. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the 3rd respondent-Corporation. 5. This is the second journey of the petitioner to this Court. Earlier the petitioner filed W.P.No.16455 of 2003 and the said writ petition came to be disposed of on 23.09.2003. The relevant portion of the order passed in the aforesaid writ petition reads as hereunder: “It appears that the petitioner society was formed to expose the cause of down trodden people and render service to general public. Having come to know that respondents 4 and 5 have encroached the Government land in S.No.129/38 of Yellapuvanipalem village which is being used as a pathway to reach Santhoshnagar Colony, they made a representation. The 1st respondent herein in response there to issued orders vide letter dated 14.4.2003 directing the Mandal Revenue Officer, the 2nd respondent herein to examine the contents of the representation made by the petitioner and take immediate necessary action by evicting the encroachments as per the procedure laid down in A.P. Land Encroachments Act, 1905. Alleging that there is no expeditious response by respondents 2 and 3 the present petition is filed. There cannot be any doubt that when the District Authority like the District Collector issued instructions to the 2nd respondent he is bound to obey the same. Therefore the 2nd respondent is directed to comply with the directions issued by the District Collector in his letter dated 14.4.2003 if such direction are already issued within a period of 3 months from the date of receipt of this order. The Writ Petition is accordingly disposed of. No costs.” 6. Learned counsel appearing for the petitioner submits that in pursuance of the direction given in the earlier writ petition, certain encroachments made by Polamarasetti Chinna Rao- 4th respondent on the government land came to be removed partly and thereafter again Polamarasetti Chinna Rao-4th respondent encroached the land and blocked the pathway passing through it. 7. In that view of the matter, the writ petition is disposed of at the admission stage directing the respondents 1 to 3 to consider the representation submitted by the petitioner complaining the encroachment made by Polamarasetti Chinna Rao-4th respondent on the government land comprising Survey No.129/38 of Yellapuvaripalem village and pass appropriate orders thereon in accordance with the provisions of law after putting on notice the affected parties. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:17th July, 2008. Note: Issue C.C. with two days. B/O cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}