IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE THE CHIEF JUSTICE AND THE HON'BLE MR JUSTICE R.SUBHASH REDDY Writ Petition No. 15622 of 2008 Between: Ch.Viswanatha Reddy S/o.Linga Reddy R/o.Kaluvai village,Kaluvai Mandal Nellore District ... PETITIONER AND 1) The District Collector, Nellore 2) The District Panchayat Officer,Nellore,Nellore District 3) The Kaluvai Gram panchayat, rep.by its Executive Officer, Kaluvai Village & Mandal,Nellore District ...RESPONDENTS 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 issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 3rd respondent in constructing the shop rooms in the lane situated inSy.No.395& 396 of Kaluvai Village, Kaluvai Mandal, Nellore District is arbitrary, illegal, and without jurisdiction and consequently direct the 3rd respondent not to construct the shops rooms or any other constructions across the lane situated in Sy.No.395 & 396 of Kaluvai Village, Kaluvai Mandal, Nellore District. Counsel for the Petitioner: MR.CH.CKRISHNA REDDY Counsel for Respondent No.1: GP FOR REVENUE Counsel for Respondent No.2: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for Respondent No.3: SMT. CH. VEDAVANI, SC FOR GRAM PANCHAYAT The Court made the following : O R D E R: (Per Shri Anil R. Dave, Chief Justice) 1. By way of this public interest litigation, the petitioner has alleged that respondent No.3 Gram Panchayat is putting up construction on a public lane more particularly in Survey Nos.395 and 396 of Kaluvai Village and Mandal, Nellore District. 2. In pursuance of notice issued by this Court, Secretary of respondent No.3 Gram Panchayat has ﬁled his counter-aﬃdavit stating that a shopping center is being constructed on land belonging to respondent No.3 Gram Panchayat only after obtaining necessary permission from Collector, Nellore District. It has been speciﬁcally submitted in the counter-aﬃdavit that the land on which construction is being put up is not a land forming part of public lane and by putting up construction on the land in question, respondent No.3 Gram Panchayat would be having a good source of income. 3. Upon hearing the learned counsel and upon looking to the counter-aﬃdavit ﬁled by respondent No.3, we do not ﬁnd any substance in the petition because the construction, which is being put up by respondent No.3 is not on a public lane and the construction is being put up on the land of respondent No.3 only after getting necessary permission from Collector, Nellore District. Moreover, we also note the fact that village people have not objected to the said construction. 4. In the circumstances, the petition is rejected with no order as to costs. ANIL R. DAVE, CJ October 16, 2008 R. SUBHASH REDDY, J svs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}