THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.17325 of 2009 Date : 27-10-2009 Between : G.Balasubrahmanyam .. Petitioner And Mummidivaram Gram Panchayat, Rep. by its Secretary, Mummidivaram Village and Mandal, East Godavari District And another .. Respondents THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.17325 of 2009 ORDER: 1. This Court issued rule nisi on 20-8-2009 and granted status quo for a limited period which was sly extended for a further limited period. 2. Heard the Counsel on record. 3. The Writ Petition is filed for a writ of mandamus declaring the action of the respondents in threatening to remove the fencing raised around the petitioner’s house situated in R.S.No.496/1A of Balayogi Temple Street, within Mummidivaram Gram Panchayat, Mummidivaram village and Mandal, East Godavari District, without issuing any notice and without following the procedure contemplated under the Law, as illegal and arbitrary and consequently to direct the respondents not to remove the fencing or in any manner interfere with the peaceful possession and enjoyment of the petitioner in respect of the said house and to pass such other suitable orders. 4. It is stated that the petitioner purchased an open site admeasuring Ac.0-15 cents situated in R.S.No.496/1A at Balayogi Temple Street, Mummidivaram Gram Panchayat, Mummidivaram village and Mandal, East Godavari District by virtue of a registered sale deed dated 30-11-1983 bearing document No.35/83 and since the date of purchase, he had been in peaceful possession and enjoyment of the same. Subsequently the petitioner also constructed a small house leaving some open space in front of the house and had been residing in the same along with his family members without any interruption or interference from anybody. It is further stated that the respondents without any authority of law came to the premises of the petitioner and threatened to remove the fencing and the poles. The petitioner issued a telegraphic notice on 6-8-2009 calling upon the respondents to forthwith stop the removal of the fencing and the poles. 5. The main grievance of the petitioner is that the respondents are not following the procedure. 6. In the light of the same, this Court is of the considered opinion that the Writ Petition be disposed of directing the respondents not to interfere the fencing in question unless and until the procedure is followed. 7. The Writ Petition is disposed of accordingly. _________________ Justice P.S.Narayana Date : 27-10-2009 AM