THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.2152 of 2011 Date : 4-2-2011 Between : Thatte Sudha w/o.Mallesappa .. Petitioner And The District Panchayat Officer, Anantapur, Anantapur District and another .. Respondents Counsel for petitioner : Sri N.Ashwartha Narayana Counsel for respondent No.1 : A.G.P. for Panchayat Raj Counsel for respondent No.2 : Smt.Ch.Vedavani, Standing Counsel for Gram Panchayat The Court made the following : ORDER: This Writ Petition is filed for a mandamus to declare the action of the respondents in interfering with the petitioner’s house site situated in Kalyandurg village and Mandal, Anantapur District as illegal and arbitrary. I have heard the learned counsel for the parties and perused the record. The petitioner claims to be the owner of the above mentioned property. When he has applied for construction of a shop-cum-residence, respondent No.2 rejected the said application on 29-3-2010 on the ground that the said site does not belong to the petitioner and that the same is meant for general public. Thereafter, respondent No.2 caused a legal notice issued on 24-8-2009 whereby it has called upon the petitioner not to make any attempts to encroach the property failing which it will take appropriate legal steps through court of law. The said notice was replied by the petitioner through a lawyer’s notice dated 30-9-2009 wherein he has asserted his title over the property. In this Writ Petition, the petitioner pleaded that respondent No.2 has been unduly interfering with the possession of the petitioner. In my opinion, except raising the plea that respondent No.2 is causing interference, no material is filed in support thereof. Even in the legal notice got issued by respondent No.2 it is stated that if the petitioner encroaches the property, it will take appropriate legal steps. If the petitioner asserts his right over the property, he is entitled to approach the competent civil court for declaration of his right and protection of his possession. No case is made out for invoking the extraordinary jurisdiction of this court under Article 226 of the Constitution of India. Subject to the above observations, the Writ Petition is dismissed. As a sequel to dismissal of the Writ Petition, WPMP No.2668/2011 is disposed of as infructuous. __________________________ C.V. NAGARJUNA REDDY.,J Date: 4-2-2011 AM