IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.19585 of 2005 Between: K.A.Rama Reddy S/o.Late Appalaswamy Reddy R/o.29-6-11, Koyyavari Street, Near Santha Cheruvu, Kakinada. ..... PETITIONER AND 1 Kakinada Municipal Corporation, Kakinada, rep by its Commissioner. 2 District Collector, East Godavari District Kakinada. 3 Chollangi Nookaraju S/o.Somaraju R/o.Vallabh Street, Manikanta Poto Studio, Near Santha Cheruvu Kakinada. .....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, or order or direction more particularly in the nature of writ of mandamus declaring the action of the respondents 1 and 2 in not taking steps to remove the encroachments in public street Koyyavari Sandu, near Santacheruvu, Kakinada, East Godavari District as unconstitutional and consequently declare that the respondents 1 and 2 are duty bound to remove the encroachments in the public street especially Koyyavari Sandu,near Santacheruvu, Kakinada East Godavari District with a specific direction to R1 and R2 to remove encroachments into Koyyavari Sandu, near Santacheruvur, Klakinada East Godavari District. Counsel for the Petitioner:MR.K.S.MURTHY Counsel for the Respondents: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.19585 of 2005 ORDER: It is the case of the petitioner that the width of Koyyavari Street near Santa Cheruvu, Kakinada, East Godavari District, is originally 18 feet, but the 3rd respondent and his vendor occupied 6 feet of the road and it has been reduced to 11 feet at the entrance and that the respondents are not taking any action for removal of the encroachment in spite of repeated representations. No counters have been filed by the respondents. Having regard to the facts and circumstances of the case, the writ petition is disposed of permitting the petitioner to make a fresh representation before the 1st respondent pointing out the encroachment at Koyyavari Street near Santha Cheruvu, Kakinada. On such representation, the 1st respondent is directed to take appropriate action in accordance with law, after giving reasonable opportunity to all parties to the affected as well the petitioner. There shall be no order as to costs. ___________ 14-03-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}