HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.17253 of 2010 Dated: 18.08.2010 Between: Ulega Sugnanam. …..Petitioner And The State of Andhra Pradesh, rep. by its Principal Secretary, Panchayat Raj Department & others. …..Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.17253 of 2010 ORDER : In this writ petition, the petitioner seeks directions by way of Mandamus, declaring the action of respondents 4 and 5 in taking steps for demolition of the building covered by Door No.1-51 (old), 1-80 (new) of Badepally village of Jedcherla Mandal in Mahabubnagar District. It is the case of the petitioner that he is the owner of site admeasuring 300 square yards in Badepally village, having purchased the same from its earlier owner by name Sri A.M. Israel, pursuant to an agreement of sale, dated 14th February 1985, and he was inducted into actual and physical possession of the same. It is submitted that he has already constructed a house on the said land and that the 5th respondent-Grampanchayat also issued ownership certificate, dated 07.02.2001. In the writ petition, it is the grievance of the petitioner that when the respondents have issued notice alleging encroachment on the above said property, he has filed his representation, dated 8th July 2010, but inspite of the same, without considering his representation, respondents are taking steps for demolition of the constructions made by him. A detailed counter affidavit is filed on behalf of the 5th respondent-Grampanchayat. In the counter, while denying the various allegations made by the petitioner, it is stated that the petitioner has encroached on the property belonging to the Grampanchayat and raised structures unauthorisedly. Under Section 98(1) of the A.P. Panchayatraj Act, 1994, the Executive authority is empowered to order for removal of any encroachments made into the public property. In this case, the petitioner has already submitted a representation, dated 8th July 2010, and even according to the learned Standing Counsel appearing for the 5th respondent-Grampanchayat, no orders are passed so far, on the said representation made by the petitioner. Though an allegation of encroachment is made against the petitioner, but as it is stated that he has purchased the plot from its earlier owner by name Sri A.M.Israel, and constructions are made long back, and that the ownership certificate is also issued by the Grampanchayat on 7th of February 2001, and further, in view of submission of representation by the petitioner giving all these particulars, it is for the 5th respondent-Grampanchayat to consider such representation before passing any further orders in the matter. For the aforesaid reasons, I deem it appropriate to dispose of the writ petition, directing the respondents to consider the representation of the petitioner, dated 8th July 2010, and pass appropriate orders thereon. Respondents are further directed that till appropriate orders are passed and communicated to the petitioner, no steps shall be taken for demolition of the structures raised by the petitioner. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 18th August 2010. ajr