IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.20360 OF 2007 Between: A.Gandhi. … Petitioner AND The Tahsildar, Amangallu Mandal, Mahaboobnagar District and two others. … Respondents This Court made the following: O R D E R : The petitioner assailed the action of the respondent authorities in demolishing his shops bearing mulgi Nos. 2 & 3 in Survey No.8 of Kadthal Village, Amanagallu Mandal, Mahaboobnagar District, on the ground that same was in violation of procedure prescribed in the A.P. Panchayat Raj Act, 1994. He sought a consequential direction to the respondent authorities not to interfere with his construction work and also sought payment of compensation for the illegal demolition of his shops. 2. This Court, by order dated 27-09-2007, directed the second respondent not to resort to further demolition of the mulgies constructed by the petitioner in Survey No.8 of Kadthal Village, pending further orders. The petitioner was also restrained from making further construction on the disputed site pending the writ petition. 3. It was the case of the petitioner that he purchased the land admeasuring 239.1 Sq.yards in Survey No.8 of Kadthal Village under registered sale deed dated 3-12-1999. He also claimed to have obtained construction permission from the Panchayat Authorities for building shops in the said land. It was his claim that while he was in the process of completing the construction, the respondent authorities dismantled two of the shops constructed by him, being mulgies 2 and 3. He accordingly filed the present Writ Petition and obtained interim orders as stated supra. 4. The Panchayat Secretary, Kadthal Gram Pancayat, the second respondent, filed his counter stating that though the petitioner obtained building permission for undertaking construction in the subject land from the Gram Panchayat, he encroached upon tank bed land and also the road margin. Reference was made to a resolution passed by the Grama Sabha of the village on 03-10-2007 with regard to illegal constructions in the tank bed land of Upparasu Kunta tank, which was stated to have been informed to the petitioner also. However, the counter is silent as to whether the Gram Panchayat followed the procedure prescribed under the A.P. Panchayat Raj Act, 1994, before initiating action against the petitioner’s constructions in the subject land. 5. In the light of the above stated facts, it is left open to the respondent authorities to take action strictly in accordance with the procedure prescribed in the A.P. Panchayat Raj Act, 1994 and the relevant rules, in the event the petitioner’s constructions are illegal. Without taking recourse to legal procedure, it would not be open to the respondent authorities to undertake demolition/dismantling of the petitioner’s constructions, without due notice and opportunity of hearing being given to him. As regards the petitioner’s claim for compensation in respect of the shops already demolished, he would necessarily have to approach the Civil Court in that regard in accordance with law. The Writ Petition is disposed of with the above directions. In the circumstances of the case, there shall be no order as to costs. _____________________ SANJAY KUMAR, J Date: 17-03-2011. KVS/BSB