IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: AT HYDERABAD TUESDAY, THIS THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT: THE HONOURABLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.24598 OF 2009 Between: Thodengala Narsimloo S/o. Venkaiah. …. Petitioner AND The Rajampet Gram Panchayat, Bhiknoor Mandal, Nizamabad District, rep. by its Sarpanch and others. …. Respondents THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.24598 OF 2009 ORDER: The petitioner is the owner of H.No.8-3, admeasuring 72-00 square yards situated at Rajampet Village, Bhiknoor Mandal, Nizamabad District. The Gram Panchayat, Rajampet issued a notice dated 16-10-2009 to the petitioner requiring him to remove his house to the extent it is marked. In the said notice, it is stated that on a requisition given by the Roads and Buildings Department, the Grama Sabha has resolved to widen the existing road to the width of 28 feet and that the petitioner has to remove his house to enable widening of the road. The petitioner feels aggrieved by the same. 2. The learned counsel for the 3rd respondent submitted that the National Highway No.7 passes through the village and that the road passing in front of the house of the petitioner, connects a village by name Burugupally. He further submitted that the construction made by the petitioner is unauthorized and that the notice was issued on the basis of the resolution passed by the Gram Panchayat. 3. Heard the learned counsel for the petitioner, the learned Government Pleader for Panchayat Raj and the learned Standing Counsel for the Gram Panchayat. 4. The impugned notice does not refer to any provision of law. The discussion is only about the proposal to widen the road. The petitioner was required to remove the house to the extent of 22 feet. It was not alleged that he encroached into the Government land. Further, even if the construction made by the petitioner is either without permission or by encroaching into the government land, the proceedings under the relevant provisions of law have to be issued. On the strength of the impugned notice, the house of the petitioner cannot be demolished. 5. Hence, the writ petition is allowed and the impugned notice is set aside. It shall be open to the Gram Panchayat and the other respondents either to acquire the effected portion of the land by following the procedure prescribed by law or to initiate proceedings under the relevant provisions, in case the construction made by the petitioner is by encroaching into the public property. There shall be no order as to costs. ______________________ L. NARASIMHA REDDY, J February 09, 2010. KTL.