IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT APPEAL NO : 1626 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 12/11/2008 in WP NO : 24758 OF 2008 on the file of the High Court.) Between: Gogineni Venkata Siva Prasad S/o. G. Koteswara Rao R/o. Nekkalam Gollagudem Village, Agiripalli Mandal, Krishna Dist. ..... APPELLANT AND 1 The Government of Andhra Pradesh Rep. by Divisional Engineer Roads & Buildings, Nuzividu, Krishna Dist. 2 The Assistant Executive Engineer Roads & Buildings Department Special Section, Nuzividu, Krishna Dist. 3 The Tahsildar Agiripalli Mandal Agiripalli, Krishna Dist. 4 Lingavarapu Venkateswara Rao S/o. not known R/o. Nekkalam Gollagudem, Agiripalli Mandal, Krishna Dist. .....RESPONDENTS Counsel for the Appellant: MR.SURESH KUMAR POTTURI Counsel for the Respondent Nos.1 to 3: GP FOR ROADS & BUILDINGS The Court made the following : THE HON'BLE MR JUSTICE D.S.R.VARMA AND THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT APPEAL No.1626 of 2008 ORAL JUDGMENT: (per the HON’BLE SRI JUSTICE D.S.R.VARMA) Heard both sides. 2. This Writ Appeal is directed against the order, dated 12.11.2008, passed by a learned single Judge of this Court, dismissing the Writ Petition No.24758 of 2008, observing that if the writ petitioner is aggrieved by the action of respondent No.4 in making the alleged unauthorized constructions in front of his shops, his remedy is to approach the competent civil Court. 3. Appellant is the writ petitioner and respondents are the respondents in the said writ petition. 4. For the sake of convenience, in this judgment, the parties will be referred to as arrayed in the said writ petition. 5. The writ petitioner is actually aggrieved by the alleged unauthorized constructions made by respondent No.4, which is actually in front of the shops belonging to him. The learned single Judge dismissed the said writ petition holding that the writ petitioner cannot maintain the said writ petition, which is filed seeking directions to the official respondents to take action for removal of the constructions made by respondent No.4. 6. If really, there is any violation of the Rules, it is for the authorities concerned to take appropriate action for the reason that the alleged illegal constructions are being raised in the road margin i.e., on the land which actually belongs to the Government. 7. As rightly held by the learned single Judge, the said writ petition, which was filed seeking directions to the Government to take action against respondent No.4 for his benefit, is not maintainable. At best, the writ petitioner can make a representation to the competent authorities to look into the matter and take appropriate action, upon which, the officials have to respond appropriately. 8. But, it is the contention of learned counsel for the writ petitioner that in spite of several representations being made by the writ petitioner to the authorities, no action has been taken by the Tahsildar, who is the competent authority. This fact of making representations by the writ petitioner is already in the notice of the Government. Therefore, needless to say that the competent authorities would and should take appropriate action in the matter, as expeditiously as possible, as per law. 9. With the above observations and directions, the writ appeal is dismissed, at the stage of admission, confirming the impugned order, passed by the learned single Judge. However, there shall be no order as to costs. _____________________ JUSTICE D.S.R.VARMA ________________________ JUSTICE G.CHANDRAIAH 18th December 2008 DR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of Andhra Pradesh Rep. by Divisional Engineer Roads & Buildings, Nuzividu, Krishna Dist. 2 The Assistant Executive Engineer Roads & Buildings Department Special Section, Nuzividu, Krishna Dist. 3 The Tahsildar Agiripalli Mandal Agiripalli, Krishna Dist. 4 2 CCS to Government Pleader for Roads and Buildings, High Court Buildings, Hyderabad. (OUT) 5 2CD copies