IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.10493 of 2008 Between: K.Laxmikanth Reddy, S/o. K.Anjaneeriah, R/o. H.No.10/131, Peravalli Village, Maddikera Mandal, Kurnool District. ..... PETITIONER AND 1 Peravali Gram Panchayat, Peravali Village, Maddikera Mandal, Kurnool District. 2 Mandal Revenue Officer,(Pts), Maddikera Mandal, Kurnool District. 3 K.Ranga Swamy, S/o. K.Bheemanna, R/o.Peravali Village,Maddikera Mandal, Kurnool 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 to issue writ order or direction more particularly in the nature of writ of mandamus declaring the action of respondents 1 and 2 in not taking necessary action on 3rd respnent in constructing bulding in house plot adjacent to the petitioners house as illegal, arbitrary and contrary to provisions of A.P.Panchayat Raj Act 1994 and rules made there under and pass Counsel for the Petitioner: MR.VINAY KAMISETTY Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following: Form-NIC-OGS/WP{LS} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.10493 of 2008 ORDER: The petitioner seeks issue of a Writ of Mandamus declaring the action of respondents 1 and 2 in not taking necessary action against the 3rd respondent in constructing building in a house plot adjacent to his house without obtaining any permission from the Gram Panchayat, as illegal and arbitrary. It is stated that the petitioner is the owner of the house bearing No.10-77 and the new corresponding H.No.10-131. The Government granted patta to the petitioner and the petitioner has constructed rooms in half of the land granted and kept the remaining half of the land as vacant. But the 3rd respondent occupied the said vacant land and constructed a building without obtaining any permission from the Gram Panchayat. The petitioner without making any representation to the respondents concerned about the illegal constructions of the 3rd respondent directly filed this writ petition. Therefore, no Writ of Mandamus can be granted in favour of the petitioner in exercise of power under Article 226 of the Constitution of India. The Writ Petition is accordingly dismissed. However, it is left open to the petitioner to make a representation before the concerned against then illegal constructions of the 3rd respondent. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 30.04.2009 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Peravali Gram Panchayat, Peravali Village, Maddikera Mandal, Kurnool District. 2 Mandal Revenue Officer,(Pts), Maddikera Mandal, Kurnool District. 3 2. 2CCs to 4. 2CD copies