HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.19589 OF 2009 Date: 13th July 2010 Between: Mandava Sangeetha. … Petitioner And Gannavaram Gram Panchayat, Krishna District, rep. by its Secretary & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.19589 OF 2009 ORDER: In this writ petition, the petitioner seeks directions by way of Mandamus, directing the respondents to act in accordance with law, in demolishing the constructions made by her at her residential house in old D.No.328/2, R.S.No.428/1, present D.No.10-263, admeasuring 750.2 sq. yards, situated in the limits of Gannavaram Grampanchayat of Krishna District. Petitioner claims that she is the absolute owner and possessor of house property covered by D.No.328/2 (old), D.No.10-263 (new) in R.S.No.428/1, situated in Gannavaram of Krishna District, having purchased the same under a registered sale deed, dated 23rd of January 2004, vide document No.139 of 2004. In this writ petition, it is the grievance of the petitioner that by passing a resolution on 11.09.2009, without following the provisions of the A.P.Panchayat Raj Act, 1994 and the Rules made thereunder, the respondents are taking steps for demolition of the compound wall constructed by her. Counter affidavit is filed on behalf of respondents. In the counter affidavit, while generally denying the various allegations made by the petitioner, it is stated that the petitioner has encroached upon the land belonging to the Grampanchayat and constructed the compound wall. During the course of arguments also, it is submitted by the learned Standing Counsel appearing for the Grampanchayat that the respondents are not taking any steps for demolition of the petitioner’s house, but as the petitioner has constructed the compound wall by encroaching into the land belonging to the Grampanchayat, they are taking steps to demolish the same, but at the same time, it is also not stated as to whether any notice is issued to the petitioner in this regard, for removal of the constructions made by her on the encroached land. Section 98 of the A.P. Panchayat Raj Act, 1994 empowers the executive authority to issue notice to the owner or occupier of any building or any projection or encroachment, for removal of the same. In this case, even as per the averments made in the counter affidavit, no notice is issued for removal of the alleged encroachment also. In that view of the matter, it appears, based on the resolution passed by the Grampanchayat, merely apprehending removal of the constructions made by her, the petitioner has approached this Court, but as it is stated that no notice is issued to the petitioner for removal of the constructions/encroachments, I deem it appropriate to dispose of the writ petition, directing the respondents not to take any steps for demolition of the compound wall constructed by the petitioner, without following the procedure as contemplated under Section 98 of the A.P.Panchayat Raj Act, 1994. If any notice is issued, it is open for the petitioner to file appropriate explanation, and if any such explanation is filed, respondents shall also consider the same before removing the alleged encroachment. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 13th July 2010 ajr