Yacobu, v. Greater Visakhapatnam Municipal Corporation,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.1404 OF 2015

O R D E R

This writ petition is filed for a writ of mandamus declaring the inaction of the respondents in removing the illegal and unlawful encroachment made by some land grabbers on the 24 feet road in front of the petitioner's Church by name Ceyon Church situated at 5th Ward, Syam Nagar, Madhurawada Zone of Greater Visakhaptnam Municipal Corporation, in spite of petitioner's repeated representations and complaint dated 08.10.2014, as illegal and arbitrary and for a consequential direction to the respondents to immediately cause removal of the encroachments on the above said road.

The case of the petitioner is that he is a pastor and the Church, in which he is working, is existing in a residential area in Madhurawada Zone, 5th Ward, Syam Nagar, opposite to which there is a 24 feet road and the said road was encroached by some persons. Regarding the same, the petitioner filed a complaint before the 3rd respondent-District Collector who in turn addressed a letter to the 1st respondent-Municipal Corporation, directing to enquire into the matter and take appropriate action. Thereafter, the respondent Corporation officials removed the encroachments of the road portion and submitted a report to the 3rd respondent. While so, once again the said road was encroached by some land grabbers by making a permanent construction with asbestos sheets without obtaining permission from the 1st respondent. As such, the petitioner made a written complaint on 08.10.2014 to the 1st respondent and the same was acknowledged by him. But till today, no action has been taken. Aggrieved by the same, the present writ petition is filed.

Heard the learned counsel for the petitioner and Sri S.Lakshmi Narayana Reddy, learned Standing Counsel for respondent Nos.1 to 3.

In view of the above facts and circumstances, the 2nd respondent is directed to consider the representation of the petitioner dated 08.10.2014 and take appropriate action within a period of four

(4) weeks from the date of receipt of copy of this order in accordance with law.

With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel, miscellaneous petitions pending if any, shall stand closed.

_________________________ A.RAJASHEKER REDDY,J Date: 29.01.2014 dv