IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 8185 of 2008 Between: J.Papaiah, S/o. Lakshmi Narasimha Swamy, R/o. H.No.8-5, Ramalayam Street,Mylavaram, Mylavaram Mandal, Krishna District. ..... PETITIONER AND 1 The Panchayat Secretary,Gram Panchayat, Mylavaram, Mylavaram Mandal, Krishna District. 2 The District Panchayat Officer, Machilipatnam, Krishna District. 3 J.V.Subba Rao, S/o. Lakshmi Narasimha Swamy, R/o. Adjacent to H.No.8-5, Ramalayam Street, Mylavaram, Mylavaram Mandal, Krishna 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 an appropriate Writ, Order or direction, particularly one in the nature of Writ of Mandamus, declaring the action of the 1st respondent in not initiating the action against the 3rd respondent for violating the conditions of the approved plan as per the Proceedings Roc.No.7/2007-08, dated 22.12.2007 is arbitrary, unreasonable, illegal, improper and contrary to the provisions of A.P. Panchayat Raj Act, 1994 and further direct6 the respondents-1 and 2 to take appropriate action as per the proceedings of the 1st respondent herein in roc.No.7/2007-08, dated 22.12.2007. Counsel for the Petitioner:MR.V.MADHUSUDANA RAO Counsel for the Respondent Nos.1 & 2: MR.M.PRABHAKAR RAO The Court made the following : ORDER The 3rd respondent herein, earlier, filed WP No.19027 of 2007 seeking a declaration that the notice dated 22.8.2007 issued by the first respondent herein for demolition of the structures raised by him in premises bearing No.7-49 situated at Ram Mandir Road, Mailavaram Village and Mandal, Krishna District, is arbitrary and illegal. This Court by order dated 7th September, 2007 disposed of the said writ petition directing the third respondent herein to submit his explanation within two weeks treating the impugned notice dated 22.8.2007 as a showcause notice. There was a further direction that till such explanation was considered and final order was passed, the first respondent herein shall not take any coercise steps against the 3rd respondent. Pursuant thereto, the third respondent submitted a representation on 11.10.2007. The writ petitioner who is a resident of Mylavaram Village also made a representation on 31.10.2007 opposing the relief sought by the 3rd respondent herein. It is claimed that after making necessary enquiry, the first respondent- Gram Panchayat issued a notice dated 22.12.2007 calling upon the 3rd respondent herein to remove the unauthorized constructions within a period of seven days. However, subsequently the first respondent-Gram Panchayat failed to take any further steps in spite of further representation dated 2.2.2008 made by the petitioner. Hence this writ petition seeking a declaration that the action of the 1st respondent-Gram panchayat in not initiating action against the third respondent for violating the conditions of the approved plan is arbitrary and illegal. I have heard the learned counsel for the petitioner as well as the learned Standing Counsel for the 1st respondent. Since this Court, while disposing of WP No.19027 of 2007, already issued directions to the Gram Panchayat to consider the explanation submitted by the third respondent and pass final orders, the first respondent is bound to take appropriate steps in accordance with law. In the facts and circumstances of the case, the writ petition is disposed of with a direction to the first respondent to take necessary further steps pursuant to the notice dated 22.12.2007 after giving an opportunity to the third respondent to explain the proposed action. No costs. __________ 30-06-2008 rkk ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Panchayat Secretary,Gram Panchayat, Mylavaram, Mylavaram Mandal, Krishna District. 2 The District Panchayat Officer, Machilipatnam, Krishna District. 3.2CD copies