IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: AT HYDERABAD TUESDAY, THIS THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT: THE HONOURABLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.24253 OF 2009 Between: B. Krishna Murthy S/o. Ramaiah and Others. …. Petitioners AND The Rajampet Gram Panchayat, Bhiknoor Mandal, Nizamabad District, rep. by its Sarpanch and others. …. Respondents THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.24253 OF 2009 ORDER: The petitioners have purchased a building with appurtenant land and with a compound wall in Rajampet Village, Bhiknoor Gram Panchayat of Nizamabad District through a sale deed dated 06-02- 1998. The Gram Panchayat, Bhiknoor issued a notice dated 16-10- 2009 to the petitioners requiring them to remove the compound wall to the extent it is marked. In the said notice, it is stated that on a requisition given by the Roads and Buildings Department, the Grama Sabha has resolved to widen the existing road to the width of 28 feet and that the petitioners have to remove the compound wall to enable widening of the road. The petitioners feel aggrieved the by same. 2. The 3rd respondent filed a counter affidavit. It is stated that the National Highway No.7 passes through the village and that the road passing in front of the building of the petitioners, connects a village by name Burugupally. It is also mentioned that the construction made by the petitioners is unauthorized and that the notice was issued, on the basis of the resolution passed by the Gram Panchayat. 3. Heard the learned counsel for the petitioners, the learned Government Pleader for Panchayat Raj and the learned Standing Counsel for the Gram Panchayat. 4. The impugned notice does not refer to any provision of law. The discussion is only about the proposal to widen the road. The petitioners were required to remove the compound wall to the extent of 5 feet. It was not alleged that they encroached into the Government land. Further, even if the construction made by the petitioners is either without permission or by encroaching into the government land, the proceedings under the relevant provisions of law have to be issued. On the strength of the impugned notice, the compound wall of the petitioners cannot be demolished. 5. Hence, the writ petition is allowed and the impugned notice is set aside. It shall be open to the Gram Panchayat and the other respondents either to acquire the effected portion of the land, by following the procedure prescribed by law or to initiate proceedings under the relevant provisions, in case, the construction made by the petitioners is by encroaching into the public property. There shall be no order as to costs. ______________________ L. NARASIMHA REDDY, J February 09, 2010. KTL.