IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.5062 of 2008 Between: K. Venkatesham, S/o. Nagayya, R/o. 10-283, Kubeer Village, Kubeer Mandal, Adilabad District. ..... PETITIONER AND 1 The State of Andhra Pradesh, Rep. By its Collector (Panchayat Wing)j, Adilabad District, Adilabad. 2 The Panchayat Secretary, Gram Panchayat, Kubeer, Kubeer Mandal, Adilabad District. 3 The District Panchayat Officer, Nirmal, Adilabad District. 4 The Sub Inspector of Police, Kubeer, Adilabad 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 to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents threatening to demolish Petitioner constructions including compound wall pursuant to the orders of 1st respondent in his proceedings NO.93/KI.Pts/2008 dt. 28-2-2008, as unjust, arbitrary, and without any jurisiction, with a consequential direction to declare the said order as not binding on petitioner and invalid under law, and grant such other relief or reliefs Counsel for the Petitioner: MR.ERANKI.PHANI KUMAR Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following: Form-NIC-OGS/WP{SPJS} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.5062 of 2008 ORDER: It is the case of the petitioner that he has purchased an extent of 81 sq.yards under a registered sale deed vide Document No.1288/2002 and prior to that sale transaction, the petitioner purchased the adjacent open place admeasuring 303.33 sq.yards under a registered sale deed vide Document No.1393/2000 situated at Kubeer village, Kubeer Mandal, Adilabad District and also obtained sanction for construction of a house. While so, the 1st respondent- District Collector, Adilabad District, on a complaint given by the Sarpanch, issued proceedings dated 28.02.2008 directing the Sarpanch to evict the petitioner from the encroached land and remove the unauthorized construction at the cost of the petitioner. Admittedly, without giving any prior notice or opportunity of being heard to the petitioner, the 1st respondent issued the said proceedings dated 28.02.2008 in violation of the principles of natural justice and hence, the same is liable to be set aside. The Writ Petition is accordingly allowed, setting aside the impugned order dated 28.02.2008. However, if the petitioner is found encroached into the site other than the approved plan or made constructions in deviation of sanctioned plan, it is left open for the respondents to take appropriate steps against the petitioner, in accordance with law. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 29.04.2009 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The State of Andhra Pradesh, Rep. By its Collector (Panchayat Wing)j, Adilabad District, Adilabad. 2 The Panchayat Secretary, Gram Panchayat, Kubeer, Kubeer Mandal, Adilabad District. 3 The District Panchayat Officer, Nirmal, Adilabad District. 4 The Sub Inspector of Police, Kubeer, Adilabad District. 5 2. 2CCs to 6. 2CD copies