THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.1941 OF 2005 DATED 11TH FEBRUARY, 2011 BETWEEN Jerri Pothula Babji …Petitioner And The Gram Panchayat rep. by its Secretary, Ravikamatham, Visakhapatnam District and others. …Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.1941 OF 2005 ORDER: By way of this writ petition, the petitioner assailed the action of the Gram Panchayat, Ravikamatham, Visakhapatnam District, first respondent, in threatening to demolish the two floor structure put up by the petitioner in the premises bearing Municipal Assessment No.334, Main Road, Ravikamatham, Visakhapatnam District. The petitioner purchased the subject property under registered sale deed dated 12.11.1987. He constructed the first floor under approval dated 08.03.1989 granted by the first respondent Gram Panchayat and thereafter applied for permission to construct the second floor on 20.01.2004. Necessary permission was granted in P.R.No.107 dated 20.01.2004. In accordance with the said permission, the petitioner constructed the second floor also having availed a bank loan for the purpose. While so, it is his grievance that the officials of the first respondent Gram Panchayat came to his premises and threatened to demolish the structure. Apprehending that the first respondent Gram Panchayat may resort to unilateral coercive action in this regard, the petitioner filed the present writ petition. This Court, by interim order dated 07.02.2005, directed the respondents not to demolish or dispossess the petitioner from the house in question without following the due process of law. No counter affidavit has been filed though the matter has been pending before this Court for the past six years. The learned counsel for the petitioner produced a copy of the sanction proceedings in respect of the second floor which bear the stamp and signature of the Secretary of the Gram Panchayat duly referring to the approval of the plan in P.R.No.107 dated 20.01.2004. Such approval would not have been granted unless the ground and first floors were constructed with due permission. In that view of the matter, there appears to be no illegality or irregularity in the construction made by the petitioner in the subject premises. In the event, the first respondent Gram Panchayat is of the opinion that there is any violation by the petitioner in making the construction, it necessarily has to follow the prescribed procedure under the Andhra Pradesh Panchayat Raj Act, 1994. Without taking recourse to the due procedure laid down by law, it shall not be open to the respondents to interfere with or demolish the subject property. The Writ Petition is accordingly disposed of with the above observation. There shall be no order as to costs. ____________________ SANJAY KUMAR, J. 11TH FEBRUARY, 2011. VGSR/PGS