THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.6804 of 2010 29.03.2010 Between: N.Sriramulu ….Petitioner AND The Vinjaram Grampanchayat, rep.by its Panchayat Secretary, Kaikalur Mandal, Krishna District …Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.6804 OF 2010 ORDER: The petitioner is s resident of Vinjaram village. It is his case that he was granted ek sal lease (lease for one year) in respect of land admeasuring Acs.0.13 cents in survey No.49 of Gopavaram Village, within the limits of Vinjaram Grampanchayat. He constructed a structure with iron sheet roof for the purpose of residence. The respondent Gram Panchayat issued impugned notice on 19.03.2010, advising the petitioner to remove the shed constructed in Punta Poramboke (pathway) in survey No.49 which vests in Gram Panchayat. Aggrieved by the same, without submitting any explanation to respondent, the petitioner directly approached this Court. There is a dispute as to whether the land was Punta Poramboke and whether it was assigned to petitioner as an ek sal lease. Section 98(1) of the Panchayat Raj Act, 1994 (the Act, for brevity), casts a duty on the Gram Panchayat to remove encroachments of public pathways and roads. Indeed as per Section 53 of the Act, all public roads vest in Gram Panchayat and therefore, there is nothing wrong if the Gram Panchayat directs an encroacher of the road to remove the encroachments. If the petitioner claims any right as per Section 98(2) of the Act, he has to pursue his remedy before Gram Panchayat. The writ petition is not an appropriate remedy. Liberty is given to petitioner to appraoch the respondent and make a representation. In this writ petition, no relief can be granted. The writ petition is accordingly disposed of. No costs. _______________ (V.V.S.RAO, J) 29.03.2010 Pln