THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6470 of 2011 Dated 28th January, 2011 Between: Ponaka Venkata Rajani …Petitioner And Alluru Gram Panchayat Raj …Respondent Counsel for the petitioner: Sri T.Narasimhachary for Sri P. Gangarami Reddy Counsel for respondent: Smt. Ch.Vedavani, standing counsel for Gram Panchayats The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the highhanded action of the respondent in seeking to remove the shop bearing No. 2-1-65, assessment No.791 of the petitioner without issuing notice as illegal and arbitrary. The petitioner claims to be the owner of the premises referred to above tracing her title to the registered sale deed bearing document No.261 dated 14.06.1993. The petitioner further averred that the said property is assessed to property tax and that the same is situated near old bus stand. The petitioner has been running a cool drink shop in the said premises. That the petitioner has not encroached either the pavement or the property of the Gram Panchayat and that the respondent, without any right, is seeking to remove a portion of the petitioner’s shop in the guise of road widening without following due process of law. In the counter-affidavit filed by the Panchayat Secretary of the respondent, it is inter alia stated that the respondent has resolved, vide its resolution Nos.203, 204, 205 and 211 dated 25.08.2009, to remove the encroachments over the panchayat poramboke land and requested the Mandal Revenue Officer (M.R.O.) concerned to conduct survey and demarcate the land of the panchayat. It is further averred that the petitioner is one of the encroachers of the gram panchayat land and the said encroachment is obstructing the general public near the old bus stand area. At the hearing, Smt. Ch.Vedavani, learned standing counsel representing the respondent stated that for the present the M.R.O. has been causing the survey conducted and that on apprehension, the petitioner filed the present writ petition. She further stated that as the petitioner encroached a part of the gram panchayat property and raised construction thereon, the respondent is seeking to remove the said encroachment after following due process of law. In the light of the above submissions, without going into the correctness or otherwise of the claim of the respondent that the petitioner has admittedly encroached the gram panchayat land, the Writ Petition is disposed of with the direction to the respondent not to demolish the structure raised by the petitioner or disturb her possession without following due process of law. As a sequel to disposal of the writ petition, W.P.M.P.No.8066 of 2011 filed by the petitioner for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 28th January, 2011 GHN