THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.1220 of 2011 Date: 05.09.2011 Between: B. Ramulu Goud … Petitioner and The Chowderguda Panchayat, Rep.by its Secretary, Chowderguda Village, Ghatkesar Mandal, Ranga Reddy District and another. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.1220 of 2011 ORDER : Heard Sri W.B. Srinivas, learned counsel appearing for the petitioner, as well as Sri P. Raghavender Reddy, learned Standing Counsel appearing for respondent No.1-Gram Panchayat and with their consent, the writ petition is being disposed of at the admission stage. 2. The petitioner claims to be the absolute owner and possessor of an extent of 500 square yards of land in Sy.No.864/Ru, situated at Korremulla Village, Chowderguda Gram Panchayat, Ghatkesar Mandal, Ranga Reddy District. He constructed a house bearing No.2-105 in the said land after obtaining necessary permission on 5.6.2006 from the 1st respondent-Gram Panchayat and has been in possession and enjoyment of the said premises by paying the taxes regularly. The grievance of the petitioner is that the 1st respondent-Gram Panchayat is seeking to demolish the said house at the instance of his political opponents and accordingly the officials of the 1st respondent-Gram Panchayat have high-handedly demolished the compound wall with the assistance of the police even without notice and following the due process of law. 3. The Secretary of the 1st respondent-Gram Panchayat has filed a counter affidavit denying the allegation that the demolition of the structures was carried out high-handedly. While admitting that the petitioner is the owner of the aforesaid land, it is stated that the petitioner and his wife were Sarpanchas of the Gram Panchayat during 1998-2008. Taking advantage of their position, the petitioner issued proceedings in his own name granting construction permission and assigned the house number. It is further stated that the petitioner made unauthorized constructions on the road margin, which is beyond the premises owned by him. Therefore, the said structures, which are made on the road margin, were removed. It is also stated that the petitioner himself admitted the said fact during the course of demolition and gave an undertaking that he would voluntarily remove the unauthorized structures after completion of Ayyappa Deeksha, which was being conducted in a room constructed on the public road. The 1st respondent has categorically averred that it has not entered into the premises of the petitioner nor has it taken any steps to remove the structures made in the petitioner’s land. 4. The petitioner filed a reply affidavit contending that he signed the proceedings granting construction permission by following the normal practice, and that what has been demolished is his own compound wall, but not the alleged structures on the public road. 5. From the aforesaid pleadings and rival contentions, it is evident that the petitioner is the owner of an extent of 500 square yards situated in Sy.No.864/Ru of Korremulla Village and constructed a house in the said land after obtaining necessary permission from the 1st respondent-Gram Panchayat. The only controversy is, while the petitioner states that the construction is made within his own land, the complaint of the 1st respondent- Gram Panchayat is that some part of the construction was made on the public road. If really the alleged construction is made by the petitioner in his own land in accordance with the construction permission, the 1st respondent-Gram Panchayat cannot have any valid reason either to interfere or demolish the said structures. On the other hand, if the construction is made on the public road, which is not the property of the petitioner, the petitioner cannot have any objection nor the 1st respondent-Gram Panchayat is prevented from taking appropriate action to remove the said structures. These facts have to be ascertained in appropriate proceedings before taking any action. 6. In the circumstances, if, according to the 1st respondent- Gram Panchayat, the petitioner has made any unauthorized construction in his land admeasuring an extent of 500 square yards in Sy.No.864/Ru, situated at Korremulla Village and seeks to demolish the same, it can do so only by following the due process of law. If, on the other hand, the 1st respondent-Gram Panchayat is proceeding against any other constructions, the petitioner is not entitled for any notice. Insofar as compensation towards the alleged demolition of the structures allegedly belonging to the petitioner, he is at liberty to pursue appropriate remedy before a competent civil Court. 7. Subject to the above observations and directions, the writ petition is disposed of. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 05.09.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.1220 of 2011 05.09.2011 (Msr)