THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION NO.33667 of 2011 ORDER: This writ petition is filed for a Writ of Mandamus to declare the action of the respondents in taking over the property of the petitioner, without any notice or enquiry under the guise of laying the road as illegal and arbitrary and for a consequential direction to the respondents not to lay the road on the southern side of the property, without following due process of law. 2. The petitioner states that he is the owner and possessor of a house situated towards northern side of G.N.T.Road, Duddukuru Village, Devarapalli Mandal, West Godavari District and he has been paying house tax, water tax etc. As the respondents were taking action for demolition of constructions, which were occupied by the petitioner and some other similarly situated persons, for the purpose of road widening, they filed W.P.No.24857 of 1997 before this Court and the same was disposed of, directing the respondents therein to issue notice and if necessary, an opportunity of oral hearing, before taking any action. While so, the respondents did not issue any notice and are trying to demolish a major portion of the house of the petitioner. Hence, this writ petition. 3. Learned counsel for the petitioner contended that the petitioner is the owner of the property and has been paying taxes to the Gram Panchayat and that the respondents are trying to demolish a major portion of the property, without following due process of law, and therefore, sought for a direction to the respondents in this regard. 4. On the other hand, learned Government Pleader for Revenue appearing for respondents 1 and 5, learned Government Pleader for Roads and Buildings appearing for respondents 2 to 4 and Sri G.Elisha, learned Standing Counsel for Gram Panchayat appearing for respondent No.6 contended that the petitioner has not filed any acknowledgment in proof of his possession; that he has encroached the Gram Panchayat land and constructed a house thereon and therefore, steps are being taken to demolish the structures raised on the land in question, after following the due process of law. 5. The grievance of the petitioner is that he is in possession of the property since a long time and the Gram Panchayat has given permission to construct the building and that the structures on the said land are subjected to panchayat tax also. On the other hand, it is the contention of the learned Standing Counsel for the Gram Panchayat that the petitioner encroached the panchayat land. Even if the said contention is accepted as true and correct, the respondents can take steps for demolition of the structures raised on the said land, after following the due process of law. 6. Therefore, the writ petition is disposed of directing the respondents to take appropriate action against the petitioner, in accordance with law, after giving notice and calling for explanation of the petitioner. No costs. ______________ (K.C.BHANU, J.) Date: 21.12.2011 Note: Issue C.C. in three days. (B/o) JSU THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION NO.33667 of 2011 Date:21.12.2011 JSU