The Abhyudaya Co-Operative House Building Society, v. The State Of Andhra Pradesh,
HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.5150 OF 2015 O R D E R :
This petition is filed for a writ of Mandamus declaring the action of the respondents in not removing encroachments made by respondents 6 to 8 and other persons on the 60 feet wide road portion as shown in the Abhyudaya Society Layout, bearing LP No.3/89 situated on the Eastern side of the layout in spite of repeated representations as illegal and arbitrary. The case of the petitioners is that the 1st petitioner society is formed by employees in different Government Services for the purpose of providing house sites to its members and also to protect the interests of the members of the Society and the same was registered under the Societies Registration Act, 1860 and that the petitioners 2 to 4 are the members of the said society having plots in the layout which was sanctioned by VGTM Urban Development Authority under LP No.3/89.
It is stated that in accordance with the norms of the UDA and regulations made therein, the said VGTM Urban Development Authority granted LP No.3/89 duly showing plots, roads and other amenities in the said layout while granting the said layout. A 60 feet road was provided on the eastern side of their plots providing access to the Ring Road which connects the Vijayawada-Guntur Road and Guntur to Amaravathi Road. It is stated that as the respondents 6 to 8 and some other persons occupied and blocked entrance to their layout, they made representations to the concerned authorities including VGTM Urban Development Authority on 12.03.2014. After receipt of representations, a letter was addressed by Vice Chairman, VGTM Urban Development Authority to the petitioner society dated 09.05.2014 stating that while granting layout LP No.
3/89, Donka was accepted as 60 feet road and asked to the petitioners to approach the Tahsildar, Pedakakani Mandal, Pedakakani and Agathavarppadu Gram Panchayat i.e., 4th and 5th respondents herein for taking necessary action for removing the encroachments on the roads as well as on some plots. It is further stated that the petitioners have filed several representations including latest representation dated 19.02.
the official respondents have not taken any action against the encroachments. Aggrieved by the same, the present writ petition is filed. Heard learned counsel for the petitioners, Smt.K.Mani Deepika, learned Standing Counsel for 2nd respondent and Sri Ravi Cheemalapati, learned Standing Counsel for the 5th respondent.
Since it is stated by the learned Standing Counsel for the 2nd respondent, that the representation dated 19.02.2015 is pending before the authorities and it is for them to take appropriate action. In that view of the matter, it is for the competent authority to consider the representations including the latest one i.e., 19.02.2015 of the petitioners and pass appropriate orders in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.
____________________________ A.RAJASHEKER REDDY, J 03.03.2015 kvs.
HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.5150 OF 2015
Date: 03.03.2015 kvs