B. Manik Reddy v. Government Of A.P., Rep. By Its District Collector,
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 27104 OF 2008 DATE: 19.01.2015 Between:
B. Manik Reddy & another.
... Petitioners And The Assistant Director, S & LRS (Land Survey) Department, Hyderabad & others.
... Respondents This Court made the following:
THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 27104 of 2008 ORDER: (Per the Hon'ble the Chief Justice Sri Kalyan Jyoti Sengupta) This writ petition has been filed for issuance of a writ of Mandamus directing the respondent authorities to take action for removal of the unauthorized encroachments of the Government land. In the writ petition there are allegations to show that there are illegal encroachments of the Government land. In spite of repeated opportunities being given to the Government, no counter has been filed and no information has been furnished as to what steps are going to be taken. In the circumstances, we feel this matter being an old one of 2008 should be allowed to reach its logical conclusion.
When no counter affidavit is filed we think accepting the arguments of the learned counsel for the petitioners action is required to be taken by the Government for removal of the unauthorized illegal encroachments of the Government land. We therefore direct the 4th respondent to enquire into the matter taking note of the allegations made in the writ petition and if he finds that there has been any encroachment of the Government land he must take steps for removal thereof in accordance with law. This exercise shall be completed within a period of eight weeks from the date of communication of this order. The writ petition is accordingly allowed.
Pending miscellaneous petitions, if any, shall stand closed. No
costs.
___________________ K.J. SENGUPTA, CJ ___________________ SANJAY KUMAR, J Date: 19.01.2015 ES