IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 16640 of 2008 Between: Madugula Anjan Kumar Goud S/o. Late Sri Punnaiah R/o. Kuntlur Village, Hayathnagar Mandal, Ranga Reddy District. ..... PETITIONER AND 1 The District Collector, Ranga Reddy District at Hyderabad. 2 The Deputy Collector & Tahsildar, Hayathnagar Mandal, Ranga Reddy District. 3 The Commissioner of Police, Cyberabad, Hyderabad. 4 The Station House Officer, Hayathnagar Police Station, Ranga Reddy District. 5. Andoju Ravindra Chary, S/o Kumara Swamy, R/o Vishnupuri colony, Saidabad, Saroornagar Mandal, R.R. 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 issue an order or a direction or a writ more particularly a writ in the nature of Mandamus declaring the inaction of the respondents not removing the encroachments in Sy.No.208 of Kuntlur Village, Hayathnagar Mandal, Ranga Reddy District as illegal, arbitrary and violation of Principal of Natural Justice and Article 300-A of Constitution of India and consequently direct the respondents to remove the encroachments in Sy.No.208 of Kuntlur Village, Hayathnagar Mandal, Ranga Reddy District. Counsel for the Petitioner : SRI P.PRATAP REDDY Counsel for the Respondents: GP FOR REVENUE, GP FOR HOME & SRI PRABHAKAR BOMMAGANI The Court made the following : THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 16640 of 2008 ORDER: This writ petition is filed seeking a mandamus declaring the action of the respondents in not removing the encroachments in Sy.No.208 of Kuntlur village, Hayathnagar Mandal, Ranga Reddy District, as arbitrary, illegal and violative of Articles 14,21 and 300-A of the Constitution of India and consequently, to direct the respondents to remove the encroachments in Sy.No.208 of the said village. It is the case of the petitioner that the respondents have not taken steps for eviction of illegal occupations in Sy.No.208 of Kuntlur village, which is held by the petitioner as a patta land. According to him, CPI party workers, without any authority, erected huts in Sy.Nos.208 and 209 of Kuntlur village. Aggrieved by the same, the petitioner filed representations before the 1st respondent-District Collector, Ranga Reddy District and the Commissioner of Police, Cyberabad. Though the encroachments made by the CPI workers in Sy.No.209 were removed, the encroachments made in Sy.No.208 were not removed. Under those circumstances, the writ petition is filed. The learned Government Pleader for Home stated that the encroachments have already been removed wherever it is found to be a private patta land. Sri B. Prabhakar, the learned Counsel for impleaded party- respondent stated that the CPI workers have not occupied any land, which is a private patta land in Sy.No.208. Under those circumstances, without expressing any opinion on merits, the 1st respondent is directed to conduct an enquiry into the encroachments made in Sy.No.208 of Kuntlur village, Hayathnagar Mandal, Ranga Reddy District and find out whether there are any encroachments in the private patta land of the petitioner. If any encroachment is found in the private patta land of the petitioner, the same shall be evicted as per law, within a period of four weeks from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. No order as to costs. ___________________ 8th December, 2008 Note: C.C. in three days (BO) Nn THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 16640 of 2008 8th December, 2008