IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND FOUR PRESENT HON'BLE SRI DEVINDER GUPTA, THE CHIEF JUSTICE and HON'BLE SRI JUSTICE C.V.RAMULU WRIT APPEAL NO : 1467 of 2004 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 26/07/2004 in WP No.11438 OF 2004 on the file of the High Court.) Between: A. Devendrudu, S/o Munaswamy Naidu, R/o Salamma Quarters, Perumal Koil Street, Nagari Town and Mandal, Chittoor District. ..... APPELLANT AND 1. The Mandal Revenue Officer, Nagari Mandal, Nagari, Chittoor District. 2 The Panchayat Secretary, O.G. Kuppam Gram Panchayat, Nagari Mandal, Chittoor District. .....RESPONDENTS Counsel for the Appellant : Sri L.J.VEERA REDDY Counsel for the Respondent No.1: GP FOR REVENUE Counsel for the Respondent No.2: Sri Dantu Srinivas (Not Present) The Court made the following : JUDGMENT: (Per Hon’ble the Chief Justice) Appellant is aggrieved by the order passed by the learned single Judge dismissing his writ petition. His grievance is that while dismissing the writ petition certain observations were made as regards title of the land, which ought not to have been adjudicated upon in exercise of writ jurisdiction. We have heard learned counsel for the appellant, learned counsel for respondent No.1 and nobody appeared for respondent No.2. Appellant’s grievance is that the respondents have not issued notice before demolition of foundation raised by him and therefore, action of respondents in calling upon him to remove the encroachment within three days is arbitrary and illegal. Learned single Judge came to the conclusion that respondents having issued notice to the appellant and upon following due process of law, demolished the foundation raised by the appellant, and as such, no fault can be found with the action of respondents in demolishing the foundation raised by the appellant. Insofar as these findings are concerned, appellant is not challenging the same. Therefore, we are of the view that the learned single Judge ought not to have gone into the other question whether the appellant had or had not encroached upon the land in question. The finding that the land belongs to Gram Panchayat was not necessary for disposal of the writ petition. Consequently, we allow the appeal, while maintaining the ultimate decision of the learned single Judge in dismissing the appellant’s writ petition, observing that the findings recorded as regards title of the land in question shall not come in the way of the appellant in case he initiates appropriate proceedings in accordance with law. Writ Appeal is accordingly allowed. ________________________ DEVINDER GUPTA, C.J. ________________ C.V.RAMULU, J 30-09-2004 Bsc That Rule Nisi has been made absolute as above. Witness the Hon’ble Sri Devinder Gupta, the Chief Justice on Thursday, the thirtieth day of September, Two thousand and four. DY. REGISTRAR To 1. The Mandal Revenue Officer, Nagari Mandal, Nagari, Chittoor District. 2 The Panchayat Secretary, O.G. Kuppam Gram Panchayat, Nagari Mandal, Chittoor District. 3 2 CCs to Govt. Pleader for Revenue, High Court buildings, Hyderabad (OUT) 4. 2 CD copies