IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 26458 of 2007 Between: Kurapati Satyanarayana S/o.Gopaiah R/o.Gullapudi village Musunuru Mandal Krishna District ..... PETITIONER AND 1 State of Andhra pradesh, rep.by its principal Secretary to REvene Department, Secretariat, saifabad, Hyderabad 2 The Tahsildar, Musunuru Mandal, KRishna district 3 Gullapudi Gram panchayat, rep.by its Executive Authority cum Panchayat Secretary, Gullapudi village, Musunuru Mandal, Krishna District 4 The Assistant Engineer, Housing Board, musunuru Mandal krishna District 5 The Special officer, Indiramma Housing Scheme, Nuzvid, Krishna District 6 Chennu Krishna Kumari W/o.Pullaiah R/o.Konijerla presently at Gullapudi village Musunuru Mandal, Krishna District .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in deciding to extent financial assistance for construction of house by encroaching road margin for the 6th respondent in between the site of the petitioner covered by Survey Number 7/2 of Gullapudi Revenue village an its Eastenr adjoining Gram panchayat public road as illegal, irregular arbitrary,without jurisdiction violative of provisions of Andhra pradesh panchayat Raj Act, 1994 rules framed there under and offends articles 14,21 and 300A of Constitution of India and consequently direct the respondents not to extent any financial aid for construction of house to 6th respondent on the road margin site and pass Counsel for the Petitioner:MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO. 26458 of 2007 ORAL ORDER: The case of the petitioner is that he is the absolute owner, possessor and enjoyer of the land in Revisional Survey No.7/2 of Gullapudi Revenue Village having purchased the same under the registered sale deed dated 02.02.2007 and to the east of the said land, there lies Gram Panchayat Public Road vested in favour of 4th respondent-Gram Panchayat and that access to the land in question is only from the said Gram Panchayat Public Road and there is no other way to reach the land in question. The further case of the petitioner is that the 6th respondent who is a resident of Konijerla village of West Godavari District began proclaiming that she would construct a house with the funds granted by respondents 1 to 5 under Indiramma Housing Scheme on the road margin in between the land in question and eastern side Gram Panchayat Public Road and that if the 6th respondent undertakes any construction as proclaimed by her, it would block the ingress and egress tp the land in question from eastern side Gram Panchayat Public Road. Therefore, questioning the action of the respondents in deciding to extend financial aid to the construction of house under Indiramma Housing Scheme in road margin land in favour of respondent No.6 herein, he filed the present writ petition. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Revenue for respondent Nos.1 to 5 and the learned counsel for the respondent No.6. Today, when the matter is taken up for admission, the learned counsel appearing for the petitioner sought permission of this Court to withdraw the writ petition with liberty to agitate his rights as to pathway from the land in question to its eastern side Gram Panchayat Public Road and the alleged right of the 6th respondent for construction of his house on the road margin in between the land in question and the eastern side Gram Panchayat Public Road before the competent authority. Accordingly the writ petition is dismissed as having been withdrawn. However, the petitioner is at liberty to approach the competent authority as prayed for. No costs. ______________ N.V.RAMANA, J. Date: 16.06.2008. VGSR