THE HONOURABLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.20943 of 2002 DATED: 12.04.2010 Between: Dasari Ramachandra Rao .. Petitioner And Gram Panchayat, Kadiam, Kadiam Mandal, East Godavari District, and others. .. Respondents ORDER: Heard the learned counsel on record. Petitioner claims to be the owner of building bearing D.No.9- 205/1 situated at 9th Ward, Kadiam Village and Mandal, East Godavari District. It is his case that he constructed the said building in the site purchased by him under registered sale deed, by obtaining necessary permission, and he has not made any encroachment on road margin, but however, the respondents are taking steps to demolish the said building, without taking recourse to due process of law, on the pretext that the said building was constructed by encroaching the road margin. This Court admitted the writ petition on 22.10.2002 and passed interim orders in W.P.M.P.No.26218 of 2002, directing the respondents not to demolish and meddle with the subject property, pending disposal of the writ petition. However, till date, the respondents have not filed counter-affidavit, rebutting the averments made by the petitioner in the affidavit filed in support of the writ petition. Since it is the case of the petitioner that, without issuing any notice, the respondents are trying to demolish his house and having regard to the fact that the respondents did not file counter, I deem it appropriate to dispose of the writ petition with the following directions: “The respondents shall issue notice to the petitioner indicating the encroachment made by him on the road margin and after considering the explanation, if any, to be submitted by the petitioner, if the subject building of the petitioner is found to have been constructed by encroaching the road margin, the respondents shall direct him to remove the same and if he fails to do so, they are at liberty to remove the same.” The writ petition is accordingly disposed of. No order as to costs. ____________________________ JUSTICE N.V. RAMANA 12th April, 2010 IBL