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Judgment
Cheekati Manavendranath Roy, J
This Writ Petition for mandamus is filed to declare the inaction on the part of the respondents in taking necessary action on the representations, dated 22.04.2022 and 10.06.2022 of the petitioner for removal of the wall constructed by respondent 4 across the layout road in T.L.P.No.86/2015/VJY, which is restricting access to the property of the petitioner, as illegal, arbitrary and consequently sought direction to the respondents to remove the said wall constructed across the road.
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Municipal Administration appearing for respondent 1, Sri Kasa Jaganmohan Reddy, learned Standing Counsel for respondent 2 – APCRDA and Sri M. Manohar Reddy, learned Standing Counsel for respondent 3 - Municipality.
The only limited grievance of the writ petitioner is that the 4th respondent has illegally and unauthorizedly constructed wall across the layout road in T.L.P.No.86/2015/VJY which is virtually restricting the right to have access to the property of the petitioner, which is in an extent of 1869 Sq. Yards of site adjacent to the said road. It is stated that he has submitted two representations, dated 22.04.2022 and 10.06.2022, to the respondents to take steps for removal of the said unauthorized construction of the wall across the layout road. Now, the grievance of the writ petitioner is that the respondents are not taking any action on the representations submitted by him for removal of the said wall. Therefore, seeking declaration of inaction of the respondents in this regard, the present Writ Petition has been filed.
As per the proceeding, dated 30.05.2022, of the Commissioner, APCRDA, produced by the petitioner himself along with the Writ Petition, it is evident that the Commissioner, CRDA, has addressed a letter to the Commissioner of Nuzvid Municipality to take necessary action as per the power delegated by the Government to him under G.O.Ms.No.62, dated 27.03.2015, and to submit action taken report in this regard. Therefore, it cannot be that there was any inaction on the part of the Commissioner of CRDA. In fact, he has already addressed a letter to the concerned Commissioner for taking appropriate action in this regard. However, it appears that the Commissioner of Nuzvid Municipality, even after the said letter was addressed long back on 30.05.2022, did not initiate any action to consider the representations of the petitioner to ascertain whether any unauthorized construction of wall was made across the layout road or not.
Therefore, in the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage itself with a direction to respondent 3 – Commissioner of Nuzvid Municipality to immediately take appropriate action on the representations submitted by the petitioner after giving notice to respondent 4 and ascertain whether there is any unauthorized construction of wall made across the layout road as alleged and if it found that any such unauthorized construction of wall was made across the layout road, to take appropriate action for removal of the same within four weeks from the date of receipt of this order or from the date on which a copy of this order is placed before him, whichever is earlier. No costs.
Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.