THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 25241 OF 2008 Dated: 15-09-2011 Between: M. Satyanarayana ... PETITIONER AND The Divisional Panchayat Officer, Chilakalapudi, Machilipatnam and another ... RESPONDENTS THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 25241 OF 2008 ORDER: The petitioner filed the present writ petition seeking the following relief: “………to issue a writ, order or direction more particularly one under Writ of Mandamus declaring the action of the Respondent No.2 as illegal and ultra vires to the provisions of Article 14, and 300-A of the Constitution of India besides directing not to dispossess/demolish the property of the petitioner being an extent of 295 sq.yards situate in S.No.730/1 of Pedakallepalli Village, Mopidevi Mandal, Krishna District and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case.” It is stated that the petitioner is the owner and possessor of house site admeasuring 295 square yards situate in Survey No.730/1 of Pedakallepalli Village, Mopidevi Mandal, Krishna District having purchased the same under registered document No.2379 of 2003 on 22-08-2003. The petitioner submitted an application before the 2nd respondent on 15-10-2007 to grant permission to construct a two storeyed residential building and the 2nd respondent after considering the same, has granted permission for making construction. The petitioner has completed the construction of the building as per the sanctioned plan. It is his grievance that though the building is constructed in accordance with the sanctioned plan, without conducting any enquiry and without issuing prior notice, the 2nd respondent is interfereing with his possession over the property in question due to political reasons and trying to demolish the ground floor. This Court by order dated 18-11-2008 while admitting the writ petition granted interim direction not to dispossess/demolish the property of an extent of 295 square yards in Survey No.230/1 of Pedakallepalli Village, Mopidevi Mandal, Krishna District during the pendency of the writ petition. Though the writ petition is of the year 2008, no counter affidavit is filed by the respondents. Heard Sri V.S.R. Anjaneyulu, learned counsel for the petitioner and Sri G. Elisha, learned Standing Counsel for the 2nd respondent. The learned Standing Counsel for the 2nd respondent submitted that having obtained permission for construction of the building in the property in question, the petitioner has encroached the road margin and made construction of steps obstructing drainage channel. It is further submitted that the Mandal Revenue Officer was addressed to survey the encroached portion so as to take further steps and even before the survey is conducted, the petitioner has approached this Court and obtained interim orders. Even according to the learned counsel for the petitioner, survey report is not yet received. In the absence of any report, it cannot be said that the petitioner has encroached on the road margin. Even for removal of encroachments, the petitioner has to be given notice under the provisions of the Andhra Pradesh Panchayat Raj Act, 1994. In the circumstances, I deem it appropriate to direct the 2nd respondent not to interfere with the construction made by the petitioner without following the procedure established under law. The writ petition is accordingly disposed of. No order as to costs. However, this order does not preclude the 2nd respondent from taking necessary steps by issuing notice to the petitioner under the provisions of the Andhra Pradesh Panchayat Raj Act, 1994. R. SUBHASH REDDY, J 15-09-2011 ks