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. 18875 of 2008 Date: 02.06.2014 Between:
The Madanapalle Revenue Division Vaddera Community Welfare Society, Madanapalle, rep., by its President, Chittoor District.
… Petitioner And The District Collector, Chittoor District, Chittoor & 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. 18875 of 2008
ORDER: (Per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta)
This writ petition has been filed for the following relief:
“… Hon’ble Court may be pleased to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents No.1 to 4 in not taking steps to remove the encroachments made by the respondents No.5 to 7 in the Bahuda River situated in Sy.No.229/1C of B.K.Palli village, Madanapalle Town, Chittoor District as shown in the proceedings of the Tahsildar, Madanapalle, dated 5.3.2008 as illegal, arbitrary, and contrary to the orders passed by the 2nd respondent in his proceedings D.Dis (B1)/255/2001, dated 28.10.2003 and also contrary to the Counter Affidavit of the 3rd respondent in CC.No.255/2004 in WP.No.6894/2003, dated 25.4.2004 and contrary to the provisions of AP Municipal Corporation Act and consequently direct the respondents No.1 to 4 to remove the encroachments made by the respondents No.5 to 7 in the Bahuda River situated in Sy.No.229/1C of B.K.Palli village, Madanapalle Town, Chittoor District as shown in the proceedings of the Tahsildar, Madanapalle, dated 5.3.2008 in pursuance of the representation dated 25.7.2008 made by the petitioner.”
We have heard the learned counsel for the parties. We have seen the counter affidavit filed by the 4th respondent and noticed that there is clear indication of admission of encroachments by the third parties.
In that view of the matter, we direct the 4th respondent as well as the municipal authorities concerned to take steps forthwith for removal of the encroachments in accordance with law. The entire exercise shall be completed as early as possible.
The writ petition is accordingly disposed of. No order as to costs.
Miscellaneous petitions, if any, pending in this writ petition shall stand disposed of.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 02.06.2014 ES