THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.24651 OF 2007 DATED 21ST MARCH, 2011 BETWEEN Smt.Rongala Erukamma and others. …Petitioner And The Secretary, Jangareddygudem Gram Panchayat, W.G.District and others. …Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.24651 OF 2007 O R D E R The petitioners challenged the action of the Jangareddygudem Gram Panchayat, West Godavari District, and the Tahsildar, Jangareddygudem, West Godavari District, the first and second respondents herein, in seeking to dispossess them from their houses situated at Pailuvari Street, Jangareddygudem. They also sought a direction to restore electricity supply to their houses. This Court, by order dated 22.11.2007, directed the first and second respondents not to dispossess the petitioners without following the due process of law and also directed the restoration of electricity supply, if it was disconnected at the behest of the first and second respondents. It was however left open to the Eastern Power Distribution Company of Andhra Pradesh Limited to disconnect the power supply if the petitioners did not pay their electricity dues. The Jangareddygudem Gram Panchayat filed an application to vacate the above order. However, as the matter is amenable to disposal at this stage, this final order is being passed. As per the counter of the Jangareddygudem Gram Panchayat, West Godavari District, the petitioners encroached over the road margin and constructed thatched houses causing inconvenience to the public. The Government is stated to have sanctioned an amount of Rs.1 crore for widening this road. Further, apart from obstructing the free flow of traffic, the petitioners’ houses are stated to be causing inconvenience to the Primary Health Centre and the Telephone Exchange. However, what is of relevance is that the Secretary of the Gram Panchayat stated that the petitioners were orally informed to remove their encroachments. Such procedure is not in keeping with that prescribed in the Andhra Pradesh Panchayat Raj Act, 1994. Encroachers upon Government/public property are to be dealt with in accordance with the rule of law. The Gram Panchayat therefore cannot resort to an extra legal procedure for removing encroachments. Section 98 of the Andhra Pradesh Panchayat Raj Act, 1994 prescribes the procedure to be followed for removal of encroachments over the roads vesting in the Gram Panchayat. The Jangareddygudem Gram Panchayat would therefore be bound to follow the said procedure and cannot resort to issuance of oral instructions for removal of encroachments. The Writ Petition is accordingly disposed of leaving it open to the Jangareddygudem Gram Panchayat to follow the due procedure laid down by law if it wishes to remove the encroachments allegedly made by the petitioners over the Gram Panchayat’s property/roads. In the circumstances, there shall be no orders as to costs. ---------------------------- SANJAY KUMAR, J. 21ST MARCH, 2011. PGS/VGSR