IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.21957 of 2008 Between: Chavala China Nageswara Rao S/o.Veerabhadra Rao, R/o.Mukteswaram Inavailli Panchayat & Mandal, East Godavari District. ...PETITIONER AND 1 Gram Panchayat,Inavilli village & Mandal East Godavari District, rep.by its Secretary. 2 The Assistant Eexecutive Engineer, R&B Dept Amalapuram, East 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 writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in proposing to dispossess the petitioner from the property bearing Door No.3-122 of Inavilli Panchayat, East Godavari District by removing the structure without recourse to law as illegal, arbitrary, and violative of principles of natural justice consequently directing the respondents to drop further proceedings in this respect and pass Counsel for the Petitioner: MR.T.V.S.PRABHAKARA RAO Counsel for the Respondents: MR.M.PRABHAKAR RAO The Court made the following: THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.21957 of 2008 ORDER: Petitioner claims to be the owner of property in Door No.3-122 of Inavilli Panchayat, East Godavari District. He complains that the respondents are trying to demolish the structure without following the procedure prescribed under the A.P. Panchayat Raj Act, 1994 (“the Act” for brevity). Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. The petitioner asserts that the structure in question was constructed several years ago. Even assuming that there is violation on the part of the petitioner, the respondents are under obligation to issue notice before taking steps. The Act and the rules made there under mandates that notice shall be given to the effected parties. The Writ Petition is disposed of, directing the respondents not to proceed against the petitioner without following the procedure prescribed under the Act and the rules made there under. _____________________ (L.NARASIMHA REDDY, J) 30th September 2008 Note: CC in three days B/O RRB