IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 12585 of 2008 Between: 1.Smt. Munagala Sheshamma W/o. Late Ramayya Brahamanagudem, Chagallu Mandal, West Godavari District. 2.Smt. Kesani Satyavathi W/o. Rama Rao Brahamanagudem, Chagallu Mandal, West Godavari District. ..... PETITIONERS AND 1.The Grampanchayat Brahamanagudem repd. by its Secretary ( E.O.Grade II ) Chegallu Mandal, West Godavari District. 2.Sri. Garapati Srihari S/o. Krishna Rao Brahamanagudem (V), Chagallu Mandal, West Godavari 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 any Writ, order or direction, more particularly, one in the nature of Writ of Mandamus declaring the inaction on the part of the 1st respondent in failing to take appropriate action against the 2nd respondent for preventing him from proceedings with the construction of the house illegally in violation of the required side set backs as per rule 20 of A.P.Panchyat Raj code-2005 supplement and also unauthorized construction without obtaining approval for the building which will result in health hazard to the inmates of petitioners house being an immediate neighbour and consequently to direct the 1st respondent to take appropriate steps for preventing the 2nd respondent from making such unauthorized & illegal construction and also direct the 2nd respondent not to proceed with such unauthorized and illegal construction in violation of the above referred rules. Counsel for the Petitioners :SMT.N.(P).ANJANA DEVI, SATYANARAYANA Counsel for the Respondent No.1: Mr.M.Prabhakar Rao Counsel for the Respondent No.2:-- The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.12585 of 2008 ORDER: The petitioners herein claim to be the owners and possessors of house bearing No.1-80 of Brahamanagudem village, Chagallu Mandal, West Godavari District. It is alleged that the second respondent herein, who is the neighbour of the petitioners, has been proceeding with unauthorized constructions causing damage to the house of the petitioners. It is contended by the petitioners that the said construction by the second respondent is in violation of the Rules made under the A.P.Panchayat Raj Act, 1994 and therefore, they made a complaint before the first respondent on 12.06.2008, requesting to take immediate action to prevent the second respondent from proceedings with the constructions. Alleging that the first respondent failed to take any action, the present writ petition has been filed. Heard the learned counsel for the petitioner and Sri M.Prabhakar Rao, the learned counsel for the first respondent. Having regard to the nature of controversy involved in the writ petition and particularly keeping in view the fact that the petitioners have already made a complaint before the first respondent, without expressing any opinion as to the correctness of the allegations made by the petitioners, I deem it appropriate to dispose of the writ petition with a direction to the first respondent to consider the objections raised by the petitioners and pass appropriate orders in accordance with law, after due notice to the petitioners as well as to the second respondent as expeditiously as possible, preferably within a period of one week from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. No costs. _______________ 18.06.2008 Note: Communicate the operative portion by wire at party’s costs. (b/o) VGB