IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No. 13857 of 2009 Between: Obilisetty Ganga Raja Kumar, S/o. Late Narasimha Rao, R/o. Main Road, Dwaraka Tirumala Village and Mandal, West Godavari District. ..... PETITIONER AND 1 The Government of Andhra Pradersh, Rep by its Secretary, Panchayatraj & Rural Development, Secretariat, Hyderabad. 2 The District Collector (Panchayat Wing), West Godavari District, Eluru. 3 The District Panchayat Officer, West Godavari District, Eluru. 4 The Divisional Panchayat Officer, West Godavari District, Eluru. 5 Dwaraka Tirumala Gram Panchayat, Dwaraka Tirumala, West Godavari District, Eluru rep by its Secretary 6 The Tahsildar, Dwarka Tirumala Mandal, Dwaraka Tirumala, West Godavari District. 7 Sri I. Rama Mohana Rao, S/o. Late Sriramulu, R/o Main Road, Dwaraka Tirumala Village, Dwaraka Tirumala Mandal, West Godavari District. .....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 writ of Mandamus or any other appropriate writ, order or direction, directing the Respondents 2 to 6 herein to pass appropriate order on the representations dt. 09-6-2009 and 3-7-2009 submitted by the petitioner herein for restraining the 7th respondent herein from making constructions in the land of 7th respondent admeasuring about 430 sq. yds. situated in R.S. No. 56/3 of Dwaraka Tirumala Village and Mandal, West Godavari District. Counsel for the Petitioner: SRI A.V.SESHA SAI Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : ORDER: The petitioner claims that he, being the absolute owner and possessor of the property bearing R.S.No.56/3 situated in Dwaraka Tirumala Gram Panchayat of Dwaraka Tirumala, West Godavari District, obtained permission from the 5th respondent Gram Panchayat for construction of a building in the said plot and proceeding with the said construction. It is his case that towards the North of his site, there is a cement road of the Gram Panchayat connecting to 40 feet wide R & B road on the Western side, and that in between the said 40 feet Western road and his site, there is a vacant plot of about 430 sq. yards belonging to the 7th respondent, wherein the 7th respondent started illegal construction of a massive building of five floors, without obtaining permission from the competent authorities and without leaving setbacks. The main grievance of the petitioner is that due to the said illegal constructions being carried on by the 7th respondent by encroaching upon the northern side 12 feet road to an extent of 3 to 4 feets and by removing the public and private tap connections of the residents of the locality so also the electric poles, he is being put to lot of inconvenience and he is unable to proceed with the construction of building in his site and, therefore, complaining the said action on the part of the 7th respondent, he submitted representations on 09.06.2009 and 03.07.2009 to respondent Nos.2 to 5 requesting the authorities to take action on encroachment towards the North side road and illegal constructions being made by the 7th respondent, but the respondents have not taken any action thereon. Hence, the writ petition. Heard Sri A.V.Sesha Sai, learned counsel for the petitioner, the learned Government Pleader for Panchayat Raj & Rural Development and Sri M.Prabhakar, leaned Standing Counsel appearing for the 5th respondent Gram Panchayat. In the circumstances of the case, without expressing any opinion on merits, I deem it appropriate to direct the 5th respondent to consider the representations purported to have been submitted by the petitioner and take necessary action thereon, after issuing notice to the 7th respondent. The writ petition is, accordingly, disposed of. No order as to costs. ______________ N.V.RAMANA,J 13.07.2009 v v