ORDER:

The present Writ Petition is filed by the petitioners under Article 226 of the Constitution of India, seeking the following relief:

“….pleased to issue an appropriate order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of respondents in not taking any action to remove the encroachment made by Respondent Nos.6 to 16 over the Cart Track (Bandi Daari) situated at Sy.No.529-4 and extent of Ac.1.26 cents, Sy.No.532-7 an extent of Ac.0.35 Cents and Sy.No.533-8 an extent of Ac.0.88 Cents of Yeditha Village, Mandapeta Mandal, Dr.B.R. Ambedkar Konaseema District in spite of the representations submitted by the petitioner on 04.07.2023 to the Respondent Nos.3 to 5 as illegal, arbitrary, malafidy, irresponsible and contrary to law apart from being violative of Articles 300A of the Constitution of India and consequently direct the respondents to remove the encroachments made by Respondent Nos.6 to 16 over the Cart Track (Bandi Daari) situated at Sy.No.529-4 and extent of Ac.1.26 cents, Sy.No.532-7 an extent of Ac.0.35 Cents and Sy.No.533-8 an extent of Ac.0.88 Cents of Yeditha Village, Mandapeta Mandal, Dr.B.R.Ambedkar Konaseema District in the interest of justice……”

2. The short grievance of the petitioners in the present Writ Petition is that, the respondent-authorities are not taking any action against the encroachments made by respondent Nos.6 to 16 over the Cart Track (Bandi Daari) situated at Sy.No.529-4 to an extent of Ac.1.26 cents, Sy.No.532-7 to an extent of Ac.0.35 cents and Sy.No.533-8 to an extent of Ac.0.88 cents of Yeditha Village, Mandapeta Mandal, Dr.B.R.Ambedkar Konaseema District in spite of representations submitted by the Petitioners dated

04.07.2023.

3. Heard Sri Kambhampati Ramesh Babu, learned counsel for the petitioners, learned Assistant Government Pleader for Panchayat Raj appearing for respondent Nos.1 & 2. Learned Assistant Government Pleader for Revenue Department appearing for respondent No.3 and Sri N.Srihari, learned Standing Counsel for Gram Panchayat appearing for respondent Nos. 4 & 5.

4. When the matter is taken up for consideration today, Sri N. Srihari, learned Standing Counsel on written instructions dated 09.10.2023 submitted that, pursuant to the petitioners representation, survey was conducted and identified the extent of encroachments and the authorities are contemplating to take steps in accordance with law and prayed to dispose of the Writ Petition.

5. To the said submission, learned counsel for the petitioners requested to record the said written instructions dated 09.10.2023 and dispose of the Writ Petition.

6. On perusal of the written instructions shows that, the subject land encroached was surveyed by the surveyor and wherein they have identified the encroachments and their extent and now the respondent-Secretary is intending to take steps by issuing proper show-cause notice. As such, there is no purpose in keeping the Writ Petition pending and it can be disposed of without inviting any counter. As, no positive orders are passed affecting the rights of the unofficial respondents, it is unnecessary to issue any notice and keeping the Writ Petition pending, inviting counter.

7. Taking into consideration, the written instructions, this Court is inclined to dispose of the Writ Petition with the following direction:

“The concerned Secretary is directed to take steps against the encroachments so made in the land situated in Sy.No.529-4 to an extent of Ac.1.26 cents, Sy.No.532-7 to an extent of Ac.0.35 cents and Sy.No.533-8 to an extent of Ac.0.88 cents of Yeditha Village, Mandapeta Mandal, Dr.B.R.Ambedkar Konaseema District in accordance with law, by giving a proper show-cause notice and by inviting an explanation, providing an opportunity of personal hearing and pass a reasoned order in accordance with law. The entire exercise should be completed within a period of three (03) months from the date of receipt of copy of this order.”

Accordingly, the Wr