IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF NOVEMBER, TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 26484 of 2007 Between: 1 Badugu Lydia Syamala Florence W/o. Late Abbai R/o.Door No. 11-1, Razole Village and Mandal, E.G. District. 2 Vardineedi Sarojini W/o. Late Narasimha Rao R/o.Door No. 11-9, Razole Village and Mandal, E.G. District. ..... PETITIONER(S) AND 1 The Panchayat Secretary, Gram Secretariat, Razole Village and Mandal, E.G. District. 2 The Tahsildar, Razole Tahsil, Razole, E.G. District. .....RESPONDENT(S) 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 order or direction especially one in the nature of writ of Mandamus declaring the action of the respondent in putting the marks on the walls of the petitioner's houses bearing Nos 11-1 and 11-9 in Razole Village and Mandal, E.G. District and threatening to demolish parts of the buildings without following the procedure contemplated under the A.P. Panchayat Raj Act, 1994 or any other law in vogue, as illegal, arbitrary, violative of principles of natural justice and Article 300A of the Constitution of India and pass such other order or orders Counsel for the Petitioner:MR.VL.N.G.KMURTHY Counsel for the Respondent No.: MR.M.PRABHAKAR RAO The Court made the following : THE HONOURABLE SRI JUSTICE L.NARASIMHA REDDY W.P.No.26484 of 2007 ORDER: The petitioners claim to be owners of houses bearing Nos.11-1 and 11-9 of Razole Village and Mandal, East Godavari District. They are said to have been constructed in 1993 and 1971 respectively. It is stated that when respondents pointed out that the house of the second petitioner was constructed by encroaching upon the public lane, the identiﬁed portion was removed. The petitioners’ complaint is that despite the same, the respondents are trying to demolish portion of the houses of the petitioners. Notice before admission was ordered on 11.12.2007 and the respondents have not filed any counter affidavit. Heard the learned counsel for the petitioners and the learned Government Pleader for Panchayat Raj. The A.P. Panchayat Raj Act and the Rules made thereunder prescribe the procedure for removing any encroachments upon the public lane. Similarly, if any construction is made in deviation of the sanctioned plan, the procedure prescribed under law has to be followed. The respondents cannot proceed against the houses of the petitioners without issuing notices. Hence, the writ petition is disposed of directing that the respondents shall not proceed against the houses of the petitioners unless notice under relevant provisions is issued. ____________________ L.NARASIMHA REDDY, J 07-11-2008 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}