ORDER:

The Writ Petition is filed under Article 226 of Constitution of India seeking to declare the action of the respondents, more particularly respondent nos.2 to 6 not to take any action against the unauthorized sheds situated RD of Hindupur, SRD of Penukonda and within the revenue village limits and Gramapanchayat limits of Penukonda in between petitioner land bearing Sy.No.193-1 and Penukonda-Anantapuramu R & B Road, vested with R&B Department as illegal, void and consequently direct the respondents to remove the above said unauthorized sheds forthwith.

2. As per the averments in the affidavit, father of the petitioner Sri Y.H.Subbaih Settee and his elder brother Sri Y.Sudarsanam purchased property in Sy.No.193-1 of an extent of Ac.7.98cents pyki Ac.2.00cents from some third parties under registered sale deed dated 28.02.1977. Petitioner and his father Subbaiah settee and his elder brother Sudarsanam were in exclusive possession and enjoyment of the subject property with absolute rights. After several internal deeds, the father and elder brother of the petitioner have constructed an oil mill after obtaining necessary permission and license from the competent authorities in the year 1977. After constructing ground nut oil mill, the petitioner has also erected a compound wall around the land and the compound wall of the petitioner is at a distance of 30 feet to 40 feet approximately to the formerly NH 7 road, new Penukonda-Anantapura R&B road. Now some persons with the help of anti social elements encroached into the road between the compound wall of the petitioner and R&B road i.e. NH 7 and erected sheds illegally and high handedly. The petitioner has approached the official respondents and made several representations bringing the fact about the encroachment made by the third parties and requested to take action. Despite repeated requests, the respondents have not initiated any action. Hence the present writ petition.

3. Learned Government Pleader for Roads & Buildings appearing on behalf of the respondents, on instructions, has submitted that the authorities would conduct enquiry and take appropriate action with the help of the 6th respondent. Earlier it was national highway but now it is under the control of R & B i.e. respondent no.3.

4. Learned Standing Counsel appearing on behalf of the 6th respondent has brought to the notice of the Court that now it became Municipality and in view of the same, the petitioner may approach the Commissioner of Penukonda Municipality, Anantapuramu District.

5. In view of the same, the petitioner is directed to approach the Commissioner of Penukonda Municipality, Anantapuramu District with a fresh request/representation and on filing such request/ representation, after consulting with the respondents 3 and 4, the respondents are directed to consider the same and take appropriate action against the encroachments made by the third parties, within three months from the date of receipt of the request/representation by the petitioner.

6. Accordingly, the writ petition is disposed of. No costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

________________ JUSTICE D. RAMESH