THE HON'BLE MR. JUSTICE R.SUBHASH REDDY Writ Petition No.8104 of 2002 ORDER: In this Writ Petition it is the grievance of the petitioner that in spite of his several representations to the Municipality, Hindupur, no steps are being taken to remove the encroachments on the approach road to the house which was sold to him in LIG Housing Colony in a plot area of 60’ x 50’ covered by Door No.4-2-56. 2. It is stated in the affidavit filed in support of the Writ Petition that the petitioner was working as an accountant in Tirupati Municipality and subsequently, he was transferred and working as a Senior Assistant in Hindupur Municipality. The Hindupur Municipality evolved a scheme of constructing LIG Houses for their employees and one such house bearing door No.4-2-56 in Plot No.15, situate in new Sy.No.131/3A part, Naneppa Nagar, Hindupur was allotted and sold to the petitioner by a registered sale deed dated 18-08-1993. The case of the petitioner is that approach road was formed by the Municipal Commissioner to reach his house by taking five feet on the either side of houses i.e., quarter Nos.14, 15, 11, 12 and 13. It is his grievance that in spite of such a provision, there was encroachments on the road and though a notice got issued through an Advocate dated 13-03-2002, no steps have been taken. 3. Though the Writ Petition is pending for the last seven years, no counter-affidavit is filed on behalf of the respondents. But, a perusal of the proceedings of the Joint Collector, Anantapur, dated 18-03-2002 issued in D.O.Rc.No.G4/1596/ 2002 indicates that on issuing the notice on behalf of the petitioner, Municipal Commissioner was directed to enquire into the matter. 4. In the absence of any clear map indicating the encroachments and alleged encroachers being party respondents and at the same time, as much as no counter-affidavit is filed disputing the allegations of the petitioner, it is not possible for this Court to determine the issue of encroachment, so as to order removal straightaway as prayed for. 5. In the aforesaid circumstances, this Writ Petition is disposed of permitting the petitioner to make a fresh representation with regard to alleged encroachments on the approach road to the quarter No.15 to the Commissioner, Hindupur Municipality within a period of four weeks from the date of receipt of this order. If any such representation is filed, the first respondent shall consider and take appropriate steps and communicate the decision to the petitioner within a period of eight weeks thereafter. 6. Subject to above direction, the Writ Petition is disposed of. No order as to costs. ___________________ R.SUBHASH REDDY, J. 24th March, 2009 skmr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 8104 of 2002 Between: G. Venkatappaiah Sastry S/o G. Venkateswarlu R/o 18-1-668, Upstairs, Bhavani Nagar, Tirupathi, Chittoor District. ..... PETITIONER AND 1 The Commissioner, Hindupur Municipality, Hindupur, Anantapur District. 2 The Chairperson, Hindupur Municipality, Hindupur, Anantapur District. 3 The Director of Town Planning & Country Planning A.C.Guards, Hyderabad. .....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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent Nos. 1 and 2 not stopping the encroachments, inspite of numerous representations, in the southern boundary comprising of approach road, to the petitioner's house bearing Door No. 4-2-56 in Plot No. 15 situate in new Sy.No. 131/3-A part, Naneppa Nagar, Hindupur Municipal area, Anantapur District, in accordance with the schedule mentioned in the registered sale deed dated 18-8-1993 executed by the 1st Respondent in favour of the petitioner, as illegal, arbitrary and violation of the Articles 14 and 21 of the Constitution of India and consequentially direct the respondent No. 1 and 2 interfere and remove the encroachments in the southern boundary (10' road) of the petitioner's house mentioned above. Counsel for the Petitioner:MR.J.UGRANARASIMHA Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following :