THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.9105 OF 2008 ORAL ORDER: The petitioner is the owner and occupier of the house bearing Door No.2-58/1, situated at Pandillapalli Village, Vetapalem Mandal, Prakasam District. The petitioner claims that the same was constructed after obtaining permission from the Gram Panchayat. It is also not in dispute that on either side of the petitioner’s house, there are Panchayat Roads and that there was a proposal by the Gram Panchayat to lay cement roads over the existing roads. The case of the Gram Panchayat is that while laying cement roads, it was found that the petitioner had encroached upon road margins and constructed steps and therefore he was asked to remove them so as to enable the Gram Panchayat to proceed with the laying of the roads. However, the petitioner contends that he had voluntarily agreed to remove the constructions to an extent of two feet for the purpose of laying of the roads and in spite of the said fact, the respondents are pressurizing him to demolish the structures existing on two more feet of his house property. The claim made by the petitioner involves disputed questions of fact, which cannot be enquired into by this Court under Article 226 of the Constitution of India. In the circumstances, the writ petition is disposed of with a direction to the District Panchayat Officer, Prakasam District, to depute a responsible officer to inspect the property in question and take necessary steps after hearing both the parties so as to enable the Gram Panchayat to proceed with laying of the roads. Such exercise shall be completed as expeditiously as possible preferably within a period of four weeks from the date of receipt of a copy of this order. No costs. Registry is directed to communicate a copy of the order to the District Panchayat Officer, Prakasam District. 07.07.2008. Kgr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.9105 of 2008 Between: G. Yanadi Rao S/o nagendrudu, R/o H. No. 2-58/1, Pandillapalli (V), Vetapalem Mandal, Prakasam District ..... PETITIONER AND 1 Pandillapalli Gram Panchayat, represented by its Panchayat Secretary, Pandillapalli Village, Vetapalem mandal, Prakasam District. 2 The Executive Officer, Pandillapalli Gram Panchayat Vetapalem Mandal, Prakasam District. 3 A. Bhanu Murthy S/o Not Known, R/o Vetapalem, Vetapalem Mandal, Prakasam 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 a Writ or order more particularly one in the nature of Mandamus or any other appropriate Writ declaring the action of the respondent in demolishing the property of the petitioner bearing D. No. 2-58/1, situated at Pandillapalli Village, Vetapalem Mandal, Prakasham District without issuing any notice and without following the due process of law as illegal, arbitrary, unjustified and in violation of Articles 21 and & 300-A of the Constitution of India and consequently direct the respondent to follow the due process of law by giving notice of demolition and grant such other relief as it deems fit in the circumstances of the case. Counsel for the Petitioner: Mr. G. L. NAGESWAR RAO Counsel for the Respondent No.: Mr. M. PRABHAKAR RAO The Court made the following: