IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF JANUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.27353 of 2010 Between: Kotikalapudi Satyanarayana ..... Petitioner AND The Gram Panchayat, Pallamkuru Village, Katrenikona Mandal, East Godavari District, Rep., by its Executive Officer & another. .....Respondents Counsel for the petitioner : Smt. K. Aruna Counsel for respondent No.1: Sri G. Elisha Counsel for respondent No.2: Sri G.L. Nageswar Rao The Court made the following : THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.27353 of 2010 ORDER: This Writ Petition is filed for a Mandamus to declare the action of the respondents in contemplating to evict the petitioner and demolish the structure (a small bunk) situated at 21-67 in R.S.No.121/3 of Pallamkurru Village, Katrenikona Mandal, East Godavari District without giving notice, as illegal and arbitrary. Heard the learned counsel for the petitioner, Sri G.Elisha, learned Standing counsel for respondent No.1 and perused the record. The petitioner is in possession of the abovementioned property. The said property admittedly belongs to respondent No.1. Apprehending that at the instance of respondent No.2, respondent No.1 may dispossess the petitioner without following due process of law, he has filed the present Writ Petition. On behalf of respondent No.1, the Panchayat Secretary has filed a counter affidavit, wherein it is inter alia stated that land admeasuring Ac.0.09 cents in R.S.No.117/4 (121-3) belonging to respondent No.1 is required for construction of bus stand, that an amount of Rs.2,50,000/- was allocated from MPLADS funds for this purpose and that the Gram Sabha has unanimously resolved to remove the encroachments proposed over the site in question vide its resolution No.13, dated 02.10.2010. It is also averred that on apprehension that he may be evicted without following due process of law, the petitioner filed the present Writ Petition and that respondent No.1 will remove the encroachments only after following due process of law. In view of the above-noted stand taken by respondent No.1, the grievance with which the petitioner filed the present Writ Petition has abated. The statement, referred to above, contained in the counter affidavit of the Panchayat Secretary of respondent No.1 is placed on record and the Writ Petition is accordingly disposed of. As a sequel to disposal of the Writ Petition, WPMP.No.34940 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 18.01.2011 ES