THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.21332 of 2010 Date: 15.03.2011 Between: Ganapathiraju Lakshmi Narasimha Raju …..Petitioner And The Gram Panchayat, Boduppal, Ghatkesar Mandal, Ranga Reddy District, rep. by its Secretary …..Respondent THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.21332 of 2010 ORDER: The petitioner assails the notice dated 17.8.2010 issued by the Gram Panchayat, Boduppal, Ghatkesar Mandal, Ranga Reddy District and the consequential action of the said Gram Panchayat in seeking to demolish his structures in Plot No.255 in Survey Nos.143, 153, 154, 163 (part), Laxminagar Colony, Boduppal Village, Ghatkesar Mandal, Ranga Reddy District, on the ground that the said action is being initiated without issuing notice and without following due procedure. This Court, by order dated 27.8.2010, directed that no steps should be taken by the respondent for demolition of the structures made by the petitioner in the subject land pursuant to the notice dated 17.8.2010 for a period of two weeks. The said interim direction was extended until further orders on 3.9.2010. The Panchayat Secretary of the Gram Panchayat, Boduppal, Ghatkesar Mandal, Ranga Reddy District filed his counter stating that the petitioner was granted building permission on 11.2.2010 in respect of his land admeasuring 200 sq. yards in Plot No.255, Boduppal Village, Ghatkesar Mandal, Ranga Reddy District. However, it is alleged that the petitioner deviated from the approved plan and also encroached upon the road margin while making the construction. It is in these circumstances that the impugned notice dated 17.8.2010 was issued by the Gram Panchayat under Section 121 of the A.P. Panchayat Ra Act, 1994. Without submitting his reply thereto, the petitioner is said to have rushed to this Court by way of the present writ petition. In the light of the facts narrated supra, it is clear that the respondent- Gram Panchayat had only issued a notice to the petitioner and the matter is yet to be enquired into. Needless to state, the respondent-Gram Panchayat is bound to follow the procedure laid down in the A.P. Panchayat Raj Act, 1994 and would be entitled to take action against the petitioner only after giving him due opportunity. No cause is made out at this stage for interference by this Court. The writ petition is accordingly disposed of leaving it open to the respondent-Gram Panchayat to follow the due procedure laid down by law and take necessary action in the matter after giving due notice and opportunity of hearing to the petitioner. In the circumstances, there shall be no order as to costs. _________________________ JUSTICE SANJAY KUMAR Dt: 15.03.2011 Tjmr THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.21332 of 2010 DATE: 15.03.2011