THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.21249 OF 2011 ORDER: This writ petition is filed seeking to issue Writ of Mandamus declaring the action of the respondents in not considering the representations, dated 05-02-2011, 26-05-2011, 14-06-2011 and 28-06- 2011 of the petitioner to remove the illegal encroachments made on public road and on foot path of Janaki Nagar Colony, Phase II, Near Salar Bridge, Hakeempet road, Hyderabad as illegal and in violation of provisions of Constitution of India and Hyderabad Municipal Corporation Act, 1955 and consequently direct the respondents to remove the encroachments made on the public road and foot path. 2. It is stated in the affidavit filed in support of the writ petition that there is a sub road connection to Tolichowki to Hakeempet road, which goes in to the colony and the same is being used by the residents of the colony for ingress and egress. In the month of January, 2011 one wooden shop was installed on the road side encroaching the road leading to colony and for that purpose, the petitioner and other residents of colony made a representation to respondents 1 to 4 requesting to remove the illegal encroachment, but there was no response. In the midnight of 06-05-2011 the land grabbers being encouraged by the in action of the respondent have installed three more wooden shops on the road, upon which, the residents of colony again made a representation, but no action has been taken. Hence, the writ petition. 3. The respondents filed counter-affidavit stating that in response to the representations, the respondent inspected the locality and found that the encroachments were increasing day to day. After finding the encroachments, the respondents have fixed up the encroachment removal programme and addressed letters to R6 for providing police assistant during the programme to avoid breach of peace, but R6 has not provided any assistance. Later the programme has been fixed in consultation and on assurance given by R6 on 28-07-2011 and removal programme was conducted on 28-07-2011 and removed all the encroachments with the assistance of police. Hence, they pray to dismiss the writ petition. 4. The petitioner filed reply affidavit stating that this Court directed the respondents 2 to 4 vide order, dated 20-08-2011 to take appropriate steps to completely remove the existing encroachments and submit a detail report on the measures they are proposing to take for preventing re-erection of the bunks after their removal. Accordingly, the respondents filed a formal report of compliance of the orders of this Court, but failed to inform the course of action adopted by them in preventing re-erection of the bunks. After removal of the bunks by respondents on 20-10-2011, few of the bunks were again re-erected by the illegal encroachments and the debris and dismantled material is still lying on the road, due to which free flow of traffic is affected. Hence, he prays to direct the respondents to remove the re-erected bunks and lift the debris and dismantled material lying on the road. 5. It is not in dispute before this Court that some persons encroached into the site and erected some bunks. Twice they were removed by the Municipal Corporation. Therefore, there is no in action on the part of the Municipal Corporation in removing the unauthorized encroachments. However, if the petitioner brings to the notice of the Municipal Corporation about any encroachments and debris, if any, found on the site, in future, the Municipal Corporation is directed to remove the same within four weeks thereafter. 6. Accordingly, the Writ Petition is disposed of. No order as to costs. --------------------- K.C.BHANU, J DATED: 18-11-2011 Hsd