IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 13041 of 2004 Between: P. Devender Reddy S/o Narayan Reddy R/o Bhupal Palli Village & Mandal, Warangal District ..... PETITIONER AND The Mandal Revenue Officer, Bhupal Palli Village & Mandal, Warangal District .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, order or direction particularly one in the nature of Writ of Mandmaus declaring the action of the respondent in preventing thepetitioner from construction of his building as per the plan sanctioned and permission granted by the Gram Panchayat, Bhupal Palli without any reason, issue of notice or opportunity of hearing as totally illegal, without jurisdiction and violative of articles 14, 19 (1)(g) amd 300-A of the Constitution and consequently direct the respondent not to interfere with the construction of the building by the petitioner except in accordance with law and Counsel for the Petitioner:MR.S.LAKSHMA REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HONOURABLE SRI JUSTICE GODA RAGHURAM W.P.NO.13041 OF 2004 ORAL ORDER A citizen and resident of Bhupal Palli village and Mandal Warangal District has filed the writ petition alleging that the respondent-Mandal Revenue Officer, Bhupal Palli without reason, notice, opportunity or any legal authority and in violation of the petitioner’s rights under Article.14, 19 and 300-A of the Constitution has come on to the property in an extent of Ac.1.00 in Sy.No.306 of Bhupal Palli Village took away the window frames and doors of his house being constructed by the petitioner after obtaining building permission from the Grama Panchayat concerned. Though the MRO, Bhupal Palli, the sole respondent has been served notice in the writ petition no counter-affidavit has been filed in this writ petition filed on 23-07-2004. In view of the non-traverse by the respondent of the allegations in the writ petition the allegations of unlawful and arbitrary conduct by the respondent in abuse of the official position must be considered as having been established. Consequently the writ petition is allowed with costs of Rs.10,000/-(Rupees Ten Thousand only) payable by the respondent to the petitioner. A copy of this order shall be marked to the District Collector, Warangal who may cause appropriate proceedings to be initiated for recovery of this amount from the officer concerned by appropriate proceedings. _________________ GODA RAGHURAM,J 24TH APRIL,2008 TSNR