THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 10461 OF 2010 O R D E R: This Writ Petition is filed seeking to declare the inaction on the part of respondent Nos.1 and 2 in restraining respondent Nos.3 and 4 from raising any structures along with men and material in D.No.43-1- 22, Dhobi Lane, Railway New Colony, Visakhapatnam, as illegal and arbitrary and consequently, direct respondent Nos.1 and 2 to restrain and remove the illegal structures made opposite to D.No.43-1-22, Dhobi Lane, Railway New Colony, Visakhapatnam by respondent Nos.3 and 4. 2. The averments of the affidavit filed in support of the Writ Petition may be stated as follows: The petitioner is resident of Dhobi Lane, Railway New Colony, Visakhapatnam. One Suramma, who is a Railway Pensioner, occupied the land belonging to the Government which is quite opposite to his house bearing No.43-1-22, wherein the Municipal authorities have installed a public tap more than 20 years back and all the inhabitants and residents of the locality are using the said tap for their day-to-day necessities. The said Suramma occupied the said land in the year 2006 by constructing a thatched house and started living therein. The family members of Suramma are conducting illegal activities by accommodating anti-social elements and creating law and order problem. Whenever the petitioner objected for their illegal activities, they used to dump the garbage in front of the house of the petitioner and parking the vehicles including autos to create problem in one way or other. The tap in the encroached area was removed at the behest of respondent No.3 and on frequent complaints and intervention of the officials, respondent No.2 restored the connection. The Petitioner made representation, dated 08.02.2010 to respondent No.2 under Right to Information Act, 2005 and accordingly the Public Information Officer issued a letter RTI No.124/PI0/GVMC/2010, dated 16.02.2010, wherein a copy of survey report was also enclosed which clearly states that the land wherein a thatched house was erected is a Government land. Several other persons living in the locality made complaints to respondent No.2 against respondent No.4. Hence, the Writ Petition. 3. Learned counsel for the petitioner contended that respondent No. 4 is raising constructions along with his men and material without there being any authority, for which respondent Nos.1 and 2 have not taken any action and hence, he prays to give a direction to respondent Nos.1 and 2 to stop the illegal constructions. 4. On the other hand, learned standing counsel appearing for respondent No.2 contended that after giving notice on 30.04.2001, hut of respondent No.4 was removed and again he made constructions in the said site; that appropriate action would be initiated by respondent No.2 in accordance with the provisions of Greater Hyderabad Municipal Corporation Act, 1955. 5. In view of the submission made by the learned Standing Counsel, the Writ Petition is disposed of directing respondent No.2 to initiate action against respondent No.4 after giving reasonable opportunity to respondent No.4 as well as to consider the representation of the petitioner. There shall be no order as to costs. _______________ K.C.BHANU, J OCTOBER 31, 2011 YVL IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 10461 OF 2010 Between: M.Annapurna …PETITIONER AND State of Andhra Pradesh and others. ...RESPONDENTS The Court made the following :