Dasari Rajendra Prasad, v. The State Government Of Andhra Pradesh,

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No. 12622 of 2009 Dt:04.07.2016 Between:

Dasari Rajendra Prasad and others.

... Petitioners And The State Government of Andhra Pradesh and others. ... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No. 12622 of 2009 PC: (per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) Heard Mr.K.S.Murthy, learned counsel for the petitioners, learned Government Pleader for Municipal Administration for respondent No.1, Mr.A.Panduranga Rao, learned counsel for respondent No.2, learned Government Pleader for Revenue for respondent No.4 and Mr.T.C.D.Sekhar, learned counsel for respondent No.6.

This writ petition, in the nature of public interest, seeks the following relief:

"For the reasons stated in the accompanying affidavit, this Hon'ble Court, in the interest of justice, be pleased to issue a writ, order or direction, more particularly, one in the nature of writ of mandamus declaring the action of the respondents in restraining the 6th respondent from erecting the shops adjacent to the approach road to the Court and failure to remove them as illegal and unconstitutional and consequently direct respondents 2 to 5 to remove the illegal structures which had come up adjacent to the approach road to the Court premises in Nellore town on the Northern side and to take steps to see that no other entry on to this road is made by the sixth respondent and others and pass such other order or further orders as are deemed fit and proper in the circumstances of the case."

On last occasion, Respondent No.4 was directed to file

additional counter-affidavit stating whether the offending structures stand in the Government Land (nala poramboke). Respondent No.4 has accordingly filed additional counter-affidavit stating that respondent No.6 has encroached upon canal poramboke and have constructed shops unauthorisedly. In other words, the construction over the canal poramboke is without permission of respondent No.2-municipal authorities. Even the mosque constructed by respondent No.6-committee also, according to respondent No.4, is unauthorised, and its construction also is in the land reserved for canal poramboke. Construction of the shops is incomplete. No reply affidavit has been filed by any other respondents.

Learned counsel for respondent No.2, on instructions from Town Planning Officer, who is present in the Court, submits that respondent No.2 has already initiated action against unauthorised structures made by respondent No.6. He further submits that concerned authority shall take the action already initiated to its logical conclusion and if necessary with police aid. The submissions made by learned counsel for respondent Nos.2 and 4 are accepted. Insofar as respondent No.6 is concerned, learned counsel appearing for them submits that the authorities may be directed to follow the due process of law while taking action, if any, against the structures made by respondent No.6.

In the circumstances, we are satisfied that the writ petition can be conveniently disposed of by the following order: "Respondent No.2 shall take action, initiated against the structures made on nala poramboke, either on the basis of the action initiated already and/or if necessary, may initiate fresh action and take it to its logical conclusion. It is needless to mention that they shall

follow the due process of law. It is further made clear that if the concerned authority (respondent No.2) find it necessary, they may seek police aid for implementing their decision. It is needless to mention that respondent No.6 or any other person for that matter, shall not make use of the shops for any purpose whatsoever." With these observations, the writ petition is disposed of. Consequently, miscellaneous petitions, if any, also stand disposed of.

_________________________ DILIP B. BHOSALE, ACJ ________________________ P.NAVEEN RAO,J Dt:04.07.2016 kdl