IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 23502 of 2007 Between: M. R. Muniratnam, S/o. Late M. Rangaswamy Naidu, Medical & Helath Department, D.No. 142/3, SKD Colony, Adoni, Kurnool District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by the Director of Town & Country Planning, A.C. Guards, Hyderabad. 2 The District Collector, Kurnool District. 3 The Mandal Revenue Officer, Adoni, Kurnool district. 4 The Adoni Municipality, Rep. byits Commissioner, Adoni, Kurnool 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 will be pleased to to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in not removing the encroachments in Sy.No. 404/A & B of Mandigiri Village, Adoni Mandal, Kurnool District as illegal, arbitrary and consequently direct the respondents to remove the encroachments in the road margin in Sy.No. 404/A and B of Mandigiri Village, Adoni Mandal, Kurnool district, and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.K.SITA RAM Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : ORDER This writ petition has been filed by the petitioners, who are two in number, seeking to declare the action of the respondents in not removing the encroachments in Sy.No.404/A & B of Mandigiri Village, Adoni Mandal, Kurnool District as arbitrary and illegal. The petitioners herein are husband and wife. 2nd petitioner got Ac. 2-18 cents of land and she obtained necessary approval for the lay out. She executed registered gift deed with regard to open areas ie., 816 square yards in favour of the Gram Panchayat. Certain individuals occupied and encroached on the road leading to their plots. They made representations to the respondents for removal of the encroachments by the third parties on the road margins. Since, no action has been taken by the respondents, the petitioners chose to invoke the jurisdiction under Article 226 of the Constitution of India with a prayer as stated supra. Learned Government Pleader for Revenue took notice on behalf of R2 and R3 on 6.11.2007. Counter-affidavit has been filed by the 1st respondent. When the writ petition came up for admission, with the consent of counsel appearing for the parties, the writ petition itself is taken up final disposal. Heard the learned counsel appearing for the petitioners and the learned Government Pleader appearing for the respondents. Learned counsel appearing for the petitioners submits that the first respondent has clearly stated that the revenue authorities have issued pattas in respect of the road margins contrary to G.O.Ms.No.380 dated 14.7.1998 and therefore, a letter has been addressed on 3.3.2006 requesting the third respondent to remove the encroachments made by third parties. 3rd and 4th respondents have to take necessary steps for removal of the encroachments on the road margins. For better appreciation, para 3 of the counter-affidavit, is extracted hereunder: “In reply to para 4 of the affidavit, it is submitted that this respondent referred the matter on 26-12-2003 to the Regional Deputy Director of Town Planning, Ananthapur for conducting enquiry and submit report. Accordingly, the Regional Deputy Director of Town Planning, Ananthapur inspected the site in question and submitted a report in Letter Roc.No.175/2003/A3, dated 20-10-2002 stating that the site is getting access through the cart track of 55’-9” wide and it is proposed to 60’-0” wide as per sanctioned master plan of Adoni Town. The Revenue authorities have issued pattas in the road margin leaving the road width of 25’-0” to 35’-0” only on ground as shown in the plan. The pattas issued by the third respondent in the road margin without consulting the first respondent are irregular. It is relevant to submit that the Government issued G.O.Ms.No.380, M.A. Dated 14.7.1998 that no pattas shall be granted on the road margin without obtaining the prior approval of the Director of Town and Country Planning. The fourth respondent in his letter No.Roc.31/G1/04, dated 3.3.2006 addressed to the third respondent requesting him to remove the encroachments made by third parties since the said encroachments are falling within 60 feet master plan road margin. The respondent 3 and 4 have to take action to remove the same. This respondent has already instructed the fourth respondents to take appropriate action and to intimate the same to this respondent. Since the 1st respondent has already taken steps for removal of the encroachments on the road margins, it is suffice to give direction to the 3rd respondent to consider the letter dated 3.3.2006 addressed by the 4th respondent and take appropriate decision, as expeditiously as possible, preferably, within a period of three months from the date of receipt of copy of this order. With the above observation, the writ petition is disposed of. No costs. __________ 15-07-2008 rkk