HON'BLE THE ACTING CHIEF JUSTICE B.PRAKASH RAO and HON’BLE SRI JUSTICE V. SURI APPA RAO WRIT APPEAL No.841 of 2010 JUDGMENT (per Sri B.PRAKASH RAO, ACJ): The appellants herein are the contesting respondents 5 and 6 in W.P.No.18302 of 2010 filed by the Gram Panchayat, Koppavaram, Anaparthi Mandal, the first respondent herein, under Article 226 of the Constitution of India for a mandamus to declare the inaction of the official respondents in taking steps to remove the alleged illegal constructions made by respondent Nos.5 and 6 over site in Sy.No.171 abutting the panchayat road of petitioner-Gram Panchayat as illegal and arbitrary. The grievance of the writ petitioner was that though notice was issued under the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 (for short ‘the Act’) directing respondents 5 and 6 therein to stop illegal construction and remove the constructions already made, respondents 5 and 6 failed to comply with the said direction. The learned Single Judge disposed of the said writ petition holding that on the petitioner’s own showing, a notice was given to respondent Nos.5 and 6 to stop construction over the property abutting the panchayat road, which is stated to be vested in the gram Panchayat, and therefore, having issued such notice, the petitioner is entitled to take further action in pursuance of such notice under the provisions of the Act; that once the property is vested in the petitioner, the revenue authorities do not have any role to play; and that respondent No.4 is obligated to come to the aid of the petitioner if their assistance is required for discharging its statutory functions for the purpose of removal of encroachments.. Hence, this appeal. The only grievance of the appellants is that in view of the direction as contemplated under the impugned order, the Gram Panchayat may resort to remove the constructions made by them, in which event, they will be put to irreparable loss. Admittedly, the appellants have neither filed any explanation nor representation in response to the notice given to them. It is not disputed across the Bar that under Section 98 of the Act, power has been conferred upon the Executive Authority to remove or alter any projection, encroachment or obstruction other than a door, gate, bar or ground floor window, situated against or in front of such building and in or over any public road vested in such Gram Panchayat. The writ appeal is disposed of directing the appellants to approach the first respondent-Gram Panchayat and file appropriate explanation or representation, within a period of four weeks from today. On such explanation/representation being filed, the first respondent-Gram Panchayat is directed to consider the same pass appropriate orders in accordance with law, and then only further action should be taken. Till then, the first respondent shall not take any action against the constructions made by the appellants. There shall be no order as to costs. B.PRAKASH RAO, ACJ V. SURI APPA RAO, J Date: 15.11.2010 Note: Issue CC in one week. B/o. va