THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.27682 of 2010 DT.09.11.2010 Between: Sunderapalli Veerabrahmam … Petitioner And The State of Andhra Pradesh, rep.by is District Collector (Panchayat Wing), East Godavari, Kakinada – 533 001 & others. … Respondents Counsel for the Petitioner: Sri N.Siva Reddy Counsel for respondent Nos.1 & 2: AGP for Panchayat Raj Counsel for respondent Nos.3 & 4: Mr.G.Elisha The Court made the following ORDER: ORDER: The petitioner, who is claiming to be in occupation of a small extent of 05 sq.yards of land in Survey No.217 of Konkuduru Village, Bikkavole Mandal, East Godavari District, feels mainly aggrieved by the discrimination being shown against him by respondent No.3 in seeking to evict him while sparing encroachers, who are in occupation of larger extents of properties. While admitting that he is also one such encroacher, the petitioner maintains that unless all encroachers are uniformly treated, he alone cannot be subjected to discriminatory treatment. In effect, the petitioner has raised the plea of negative equity, which it is settled, is not sustainable under the Constitution. But at the same time, the heartburn of the petitioner is quite understandable that he cannot be singled out while allowing other encroachers to sit pretty without being disturbed. A perusal of the record shows that the Tahsildar, Bikkavole addressed a letter in his proceedings No.Ref.C/407/2010, dated 13.10.2010, to respondent No.3, wherein he has identified several persons who have encroached the public property abutting the main road leading to Malacheruvu. Respondent No.3 in turn has passed a resolution in its Extraordinary General Body Meeting held on 23.10.2010, requesting respondent No.4 to initiate appropriate action and resolving to lend its assistance to the latter in removing the encroachments. In my opinion, it is the statutory obligation of respondent Nos.3 and 4 to see that all encroachments are removed. In doing so, they cannot mete out discriminatory treatment among the similarly placed persons. In this view of the matter, respondent Nos.3 and 4 are directed to take appropriate steps for removal of all encroachments as identified by the Tahsildar, Bikkavole, within a period of two months from the date of receipt of a copy of this order after following due procedure in accordance with law. Respondent Nos.3 and 4 shall submit compliance report to this Court immediately thereafter. Subject to the above, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.35334 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. (C.V.NAGARJUNA REDDY, J) Date: 09.11.2010. VGB