IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.10136 of 2009 Between: Rukkannagari Yarram Reddy S./o. Narayana Reddy R/o. D.No. 8-166/1, Plot No. 43, New Balajia Colony M.R. Palli, Tirupati-2, Tirupati Urban Mandal, Chittoor District. ..... PETITIONER AND 1 The Government of Andhra Pradesh Rep. by the District Collector, Chittoor District, Chittoor. 2 Muthyalareddipalli Gram Panchayat , Rep. by its Executive Officer, Muthyalareddipalli Village, Tirupati Urban Mandal Chittoor District .....RESPONDENT(S) 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 to issue a writ of Mandamus declaring the action of the respondents in making illegal and arbitrary efforts to demolish my semi- finished residential house in the Layout laid by the Balaji Cooperative House Building Society, in New Balaji Colony Residential Area situated in SY.Nos. 268 & 252 ward No. 8, Muthyalareddipalli Gram Panchayat , Tirupati Revenue Accounts, Tirupati Urban Mandal, Chittoor District, without following the due process of law, though the said house is being constructed as per the duly approved building plan as being illegal, arbitrary ad is being the provisions of the A.P. Panchayat Raj Act 1994 as well as the principles of natural justice apart from being violative of Arts. 14 & 300-A of the Constitution of India Consequently quash the notice dt. 7-5-2099 issued by the 2nd respondent directing the demoliton within three (3) days and pass Counsel for the Petitioner:MR.D.SESHADRI NAIDU Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.10136 of 2009 ORDER: Heard both the counsel. It is the case of the petitioner that he is the absolute owner and possessor of the house plot admeasuring 212.23 sq. yards in the layout laid by the Balaji Co-operative House Building Society in New Balaji Colony Residential Area situated in Sy.Nos.268 and 252, Ward No.8, Muthyalareddipalli Gram Panchayat, Tirupati Revenue Accounts, Tirupati Urban Mandal, Chittoor District. It is stated that there is no dispute with regard to the title of the petitioner. The petitioner made an application before the 2nd respondent seeking permission for construction of a residential building and the 2nd respondent vide approval No.85/07-08, dated 14-03- 2008, approved the sanctioned plan. Thereafter, the petitioner started construction of the building as per the approved sanctioned plan. While so, the 2nd respondent issued the impugned order, dated 07-05-2009, directing the petitioner to stop further construction of the building and remove the alleged unlawful constructions and deviations on the ground that during the visit of the District Collector, Chittoor, he noticed deviations and encroachments in the building. A reference was also made in the impugned order with regard to the order passed by the District Collector on 07-05-2009. Learned counsel for the petitioner submits that neither the order of the District Collector has been furnished nor the 2nd respondent has issued any show-cause notice, therefore, the impugned order, dated 07-05-2009, passed by the 2nd respondent asking the petitioner to stop further constructions and remove the deviations are illegal and arbitrary. A perusal of the impugned notice does not indicate the particulars of the alleged deviations and encroachments. Further, the impugned order is bereft of any material particulars and it is vague without any reasons. Having regard to the facts and circumstances of the case, the impugned order is set aside and the writ petition is allowed keeping it open to the respondents to issue a show-cause notice and take appropriate action in accordance with law. There shall be no order as to costs. ___________ 13-05-2009 Prv