M. Baba Fakroddin vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble V.Sujatha
Listed On:
17 Jul 2023
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Order Text
THE HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.6809 of 2018
ORDER:
This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief:
"to issue an appropriate order or direction more particularly in the nature of writ of mandamus declaring the action of the respondent Nos.3 to 9 in not taking action to remove the unauthorized encroachments made by the respondent Nos.10 to 14 in the land to an extent of Ac.2.30 cents in Sy.No.490/1 of Kothacheruvu Village and Mandal, Anantapuramu District is highly illegal, abdication of the statutory duty cast on them and violative of the fundamental rights guaranteed to the petitioner under Articles 14 and 21 of the Constitution of India and consequently direct the respondents 3 to 9 to remove the encroachments made by the respondents Nos.10 to 14 in Sy No.490/1 of Kothacheruvu Village fields, Kothacheruvu Mandal, Anantapuramu District…"
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The present writ petition is filed challenging the inaction on the part of the respondent Nos.3 to 9 for removal of the unauthorized encroachments made by the respondent Nos.10 to 14 in the land to an extent of 38.912 Cents out of Ac.2.30 Cents in Sy.No.490/1 of Kothacheruvu Village and Mandal, Anantapuramu District.
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The respondent Nos.4 to 7 has filed a counter stating that the 6th respondent i.e. the Executive Engineer, R & B Department, Dharmavaram, Anantapuram District, in its endorsement No.33431/Supdt/Court Cases/2015-2016, dated 05.08.2015, directed the 7th respondent i.e. the Deputy Executive Engineer, Roads and Buildings Sub-Division, Dharmavaram, Anantapuram District to take necessary action for removal of encroachments by following due procedure.
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Pursuant to the said endorsement of the 6th respondent, the 7th respondent made a requisition on 31.03.2018 to the 9th respondent i.e., the Tahsildar, Kothacheruvu Mandal, Anantapuram District to take necessary action to remove the unauthorized encroachments from the R&B land by following the procedure.
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Having come to know the fact that the R&B authorities have already initiated the action for removing the encroachments, one K.Narayanappa who filed W.P.No.33431 of 2014 before this Court had withdrawn the same. As the respondents have already initiated action even prior to the filing of this writ petition, this Court feels it appropriate to dispose of this writ petition by directing the 9th respondent herein i.e., the Tahsildar, Kothacheruvu Mandal, Anantapuram District to initiate further course of action in removing the unauthorized encroachments made by the respondents 10 to 14 in the land to
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an extent of Ac.2.30 Cents in Sy.No.490/1 of Kothacheruvu Village and Mandal, Anantapuramu District, within a period of three (3) months from the date of receipt of a copy of this order.
- Accordingly, this writ petition is disposed of. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, shall stand closed.
________________________ JUSTICE V.SUJATHA
Date: 17.07.2023 kbs
THE HONOURABLE SMT.JUSTICE V.SUJATHA
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(Disposed of)
WRIT PETITION No.6809 of 2018
Date: 17.07.2023