Surya Devara Janaki Rama Rao v. The District Collector,

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V. BHATT W.P.No.21383 OF 2008 PC: (Per the Hon'ble Sri Justice S.V.Bhatt) Heard learned counsel for the parties.

The petitioners pray for the following relief: "......this Honourable Court may be pleased to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents in evicting the illegal encroachers on the NSP Major-II and Minors of Khammam Town and District and consequently direct the respondents to evict the illegal encroachments on NSP Major-II and its Minors Canals at Khammam, and pass such other order or orders........." The writ petition has undergone several adjournments and the District Collector, Khammam filed counter affidavit dated 02.08.2009 along with annexures showing the steps taken by respondent No.1 for removal of encroachments. Learned counsel for petitioners submits that by placing on record the stand of respondent No.

1, the writ petition can be disposed of, as the 1st respondent has already initiated action against the encroachers and the encroachments are being removed by following the procedure stipulated by law. Mr.B.Mahender Reddy, learned Special Government Pleader, submits that the district administration has issued notices in accordance with law and removed the encroachments by passing appropriate orders. Having regard to the above submissions and by placing on record the counter affidavit/status report of 1st respondent, the writ petition is disposed of. Consequently, pending miscellaneous petitions, if any, also stand disposed of. _____________________ DILIP B. BHOSALE, ACJ ___________________ S.V.BHATT, J Date: 08.02.