IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.26445 of 2010 Between: The Grampanchayat, Narukullapadu, Reddygudem Mandal, Krishna District. ..... Petitioner AND District Panchayat Officer, Krishna, Machilipatnam & others. .....Respondents Counsel for the petitioner : Sri J. Pardasarathi Counsel for respondent No.1: AGP for Panchayat Raj The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.26445 of 2010 ORDER: This Writ Petition is filed for the following substantive relief: “… Hon’ble Court may be pleased to issue an appropriate writ, order or direction especially one in the nature of a writ of Mandamus to call for the records relating to the impugned order Roc.No.261/2010-Pts.8, dated 20.09.2010 of the first respondent and set it aside as being arbitrary, illegal, unconstitutional, null and void, without jurisdiction.” On 03.11.2010, this Court has adjourned the matter at the request of the learned counsel for the petitioner for filing the affidavit of the Panchayat Secretary, who was authorized to take civil and criminal action against the construction made by respondent No.2. Today, when the matter came up for admission and hearing, the learned counsel stated that the affidavit of the Secretary has not been filed and that a notice may be issued to him, who is arrayed as respondent No.7. In my opinion, since the Secretary has already been authorized to take civil and criminal action by the resolution of Grampanchayat, no relief can be granted in this Writ Petition without the Secretary filing his affidavit. The petitioner failed to comply with the order passed by this Court on 03.11.2010. Therefore, this Court has no option other than dismissing the Writ Petition for non-compliance of the said order and the same is accordingly dismissed with liberty to the Secretary to file a fresh Writ Petition on behalf of the Grampanchayat. As a sequel to dismissal of the writ petition, WPMP.No.33771 of 2010 filed by the petitioner for interim relief is also dismissed. ____________________________ C.V.NAGARJUNA REDDY, J Date: 25.11.2010 ES