Earla Susheela v. The State

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 7622 of 2011 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Revenue. With the consent of both the parties, the Writ Petition is disposed of at the admission stage itself. The present Writ Petition came to be filed questioning the inaction of the respondents in considering the representation dated 29.11.2010 made by the petitioner to the Joint Collector. The facts which lead to filing of this Writ Petition are that as petty vendors encroached onto the main road margin of Ammanabrolu Village and established shops, hotels and commercial establishments causing grave inconvenience to the public as well as the petitioner, a representation dated 29.11.2010 was made by the petitioner bringing to the notice of the authorities about the condition prevailing in the village and also sought steps to remove the encroachments.

The said representation is said to have been endorsed by the Joint Collector directing the third respondent -Tahsildar to inspect and redress the grievance, but till date no action has been taken. The fourth respondent in his resolution No.33, dated 21.09.2010, resolved to remove the encroachments in the main road and other places which is causing inconvenience to the public and that the process is stated to be commenced on 14th and 15.09.2010. Since no action has been initiated, inspite of resolution being passed, the present Writ Petition came to be filed.

Though various grounds are raised in the Writ Petition, the learned counsel for the petitioner restricts his prayer seeking a direction to the second respondent to take suitable steps and pass appropriate orders, basing on the representation which is said to have been made and received on 29.11.2010 by the office of Collector.

Learned Government Pleader and learned Standing Counsel submits that they have no objection for the same provided no action has been initiated till date on the said representation. Without going into merits of the case and having regard to the circumstances stated above, the Writ Petition is disposed of advising the second, third and fourth respondents to act on the representation made by the petitioner and also on the resolution passed by the fourth respondent, in accordance with law, at the earliest, if the same is pending and if the encroachments are still continuing on the main road. No costs. Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. _______________________________ JUSTICE C. PRAVEEN KUMAR 27.10.2015 vhb