T.Rajamouli, Karimnagar Dist v. Prl. Secretary, Municipal Admin., Hyd And 2 Others

THE HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO WRI T PETI TI ON.NO. 19091 OF 2017 ORDER:

Heard the learned counsel for the petitioner. In spite of service of notice on 3rd respondent, none appears for the 3rd respondent.

The petitioner submits that he owns land of an extent of 115 X 70 sft situated at Pratapwada, Huzurnagar Municipality, Karimnagar district and the same is his ancestral property. The 3rd respondent is having land after 16 feet road in between the plot of the petitioner and that of the 3rd respondent. The 3rd respondent, without having any right over the road, appears to have obtained permission from the 2nd respondent and occupied 10 feet of the public road. In view of the encroachment of the public road, the petitioner is unable to park his vehicles and he lodged a complaint with the 2nd respondent, but the 2nd respondent has not taken action. The petitioner submitted a representation on 30.11.2016. After receipt of the representation, the 2nd respondent issued a notice on 4.1.2017 to the 3rd respondent but no action was taken.

Now the petitioner states that the 3rd respondent is a politically influenced person and because of such influence, the 2nd respondent is not taking any action.

In those circumstances, he filed the present Writ Petition. Since the grievance of the petitioner is with regard to the encroachment allegedly made by the 3rd respondent on public road and the 2nd respondent having issued a notice on 4.1.2017, the 2nd respondent should have taken logical steps in pursuance of the notice. Since the 2nd respondent failed to act, this Writ Petition is disposed of directing the 2nd respondent to take further steps pursuant to the notice dated 4.1.2017 in respect of the allegation made by the petitioner and pass appropriate orders and take action in accordance with law within two months from the date of receipt of a copy of this order.

Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

________________________ A. RAMALI NGESWARA RAO,J Date: 2.5.2018 KPM