THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5576 of 2010 Dated:11.03.2010 Between: O.N.Saravanan. …Petitioner and The Govt.of A.P., Rep.by its Principal Secretary, Panchayat Raj Department, Secretariat, Hyderabad, And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5576 of 2010 ORDER: The petitioner filed the instant Writ Petition challenging the memo (Thakid) bearing Rc.No.15/2010, dated 30.01.2010, as illegal and contrary to the principles of natural justice and violative of Articles 14, 19(1)(g) and 21 of the Constitution of India. The case of the petitioner is as follows. Respondent No.5 is the owner of land admeasuring Ac.0.03 cents (40 feet X 36 feet) in Survey No.245/B1 situated in Bazaar Street, Varadaiahpalem Village and Mandal in Chittoor District. Respondent No.5 leased out the land to the petitioner’s father on a monthly rent of Rs.7.50 which is now Rs.100/-. The petitioner’s father raised structure with cement sheet roof consisting four shops and provided with electricity connection. The property is assessed to Panchayat tax with assessment D.Nos.5- 87 and 5-88. The petitioner let out 5-87 to Sri Dasu who is carrying on laundry business. The other shop is let out to Sri Mohan who is having tailoring business. The two other rooms are in petitioner’s possession where he is doing business in Ayurvedic Medicine and general goods. The petitioner alleges that respondent No.5 – Society, became defunct and a liquidator was appointed and as advised by him the petitioner deposited the rents in the account of State Bank of India. The petitioner also alleges that he is paying house tax regularly to Gram Panchayat. When some persons including the members of Devanga Youth society tried to dispossess the petitioner, he filed O.S.No.97 of 2009 on the file of the Court of the Junior Civil Judge, Sathyavedu, and obtained an order of status quo on 20.11.2009. The persons against whom the civil Court passed orders persuaded the District Panchayat Officer – third respondent herein. He sent a letter dated 27.01.2010. In pursuance thereof, respondent No.4 issued the impugned Thakid advising the petitioner to submit all the documents and records with regard to the disputed land admeasuring Ac.0.04 cents in Bazaar Street. This Court heard the learned Counsel for the petitioner and perused the record. Even according to the petitioner there is a dispute with regard to the land in question as to whether it is Gram Panchayat land or the land belongs to respondent No.5. As the petitioner claims and asserts that except respondent No.5 no one has any right, title and interest, and as the petitioner has already obtained the order of status quo from the civil Court nothing prevents the petitioner to approach the Gram Panchayat and place all the material before them. In this writ petition virtually he is seeking a writ of prohibition preventing the Gram Panchayat from conducting any enquiry. When an allegation has been made that the land in possession of the petitioner is Gram Panchayat land, it is the minimum duty of the Gram Panchayat to conduct enquiry into the same, especially, when the District Panchayat Officer directed them to do so. As of now there is no decision made by the Gram Panchayat, which requires judicial review. Even if any decision is made by the Gram Panchayat, it is always open to the petitioner to prefer an appeal to the District Panchayat Officer. This Writ Petition is misconceived, and the same is accordingly dismissed. There shall be no order as to costs. _______________ (V.V.S.RAO, J) 11.03.2010 vs