THE HON'BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU and THE HON'BLE SHRI JUSTICE VILAS V. AFZULPURKAR Dated: 25-04-2011 WRIT APPEAL No. 278 OF 2011 Between: Furkhana Khanam ... APPELLANT AND Kolipaka Hari Prasad and three others …RESPONDENTS THE HON'BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU and THE HON'BLE SHRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL No. 278 OF 2011 JUDGMENT: (per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) A complaint against the respondent 1 filed before the respondent – District Panchayat Officer alleging encroachment by construction over an area of 20 feet on the subject matter of the writ petition resulted in an order of demolition which was questioned by medium of writ petition. Along side, a miscellaneous petition was filed which begot an ad interim direction dated 07-12-2010 favouring the respondent – writ petitioner, fall out being restriction on demolition during the pendency of the writ petition. It is this order which was sought to be vacated by medium of vacate petition, but of no avail to the appellant on the ground that prima facie District Panchayat Officer lacks the power to pass an order of demolition and the other is failure of the appellant to establish the elements of balance of convenience and irreparable injury. Going by the issues involved factual as well as legal, we are of the opinion that the order passed by the learned single Judge does not call for any interference. It may not be unapt to mention that much emphasis was laid by the learned counsel for the appellant on Section 128 of the Andhra Pradesh Panchayat Raj Act, 1994 (for short ‘the Act’) to contend availability of an alternative efficacious remedy. A perusal of the said provision provides right of appeal against the order of an executing authority, but sub-section (12) of Section 2 of the Act defines the Secretary, Panchayat to be such authority and not the District Panchayat Officer. Be that as it may, we choose to refrain from expression of opinion in respect of the said contention. The reasoning advanced by the learned single Judge in support of the order being quite tenable, the writ appeal fails. Dismissed along with miscellaneous petition. VILAS V. AFZULPURKAR, J NISAR AHMAD KAKRU, CJ 25-04-2011 K. Shyleshi