THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.22638 of 2011 Date: 11.08.2011 Between: K. Ravinder … Petitioner and The District Panchayat Officer, Ranga Reddy District and another. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.22638 of 2011 ORDER : Heard Sri C. Ramachandra Raju, learned counsel appearing for the petitioner, as well as the learned Government Pleader for Panchayat Raj and Rural Development appearing for respondent No.1 and Sri P. Raghavender Reddy, learned Standing Counsel appearing for respondent No.2, and with their consent the writ petition is being disposed of at the admission stage. 2. The main grievance of the petitioner is that the 1st respondent-District Panchayat Officer, Ranga Reddy District, has initiated action alleging that the petitioner has made some construction without obtaining any permission, which is without any basis and is motivated at the instance of one A. Raji Reddy. 3. The petitioner claims to be the absolute owner of Plot No.20, to an extent of 135 square yards in Sy.No.135/C of Dulapally Village, Quthbullapur Mandal, Ranga Reddy District, having purchased the same under a registered sale deed dated 24.7.2009 from his vendor G.Surender Reddy, who constructed a compound wall over an extent of Acs.2-00 about six years back, which covers his site also. The petitioner constructed a shed two years back and obtained electricity connection and has been in peaceful possession and enjoyment of the said site. It is the grievance of the petitioner that the impugned orders have been issued at the instance of the said A. Raji Reddy alleging that the petitioner encroached into his site and constructed the compound wall. It is stated that the said allegations are incorrect and baseless. It is further stated that the respondents have issued the impugned orders, without verifying the said allegations and without even giving reasonable time to the petitioner to submit his explanation. It is, therefore, stated that unless proper opportunity is given to put-forth his case and his interest is safeguarded till a final decision is taken by the competent authority, the petitioner would suffer grave and irreparable loss. 4. Indisputably, the impugned proceedings appear to have been initiated at the instance of one A. Raji Reddy as is evident from a reference cited in the impugned order dated 28.7.2011. It may be mentioned that even if the respondents are competent to entertain any objection as regards the alleged encroachment, it is incumbent on them to follow the principles of natural justice by providing proper opportunity to put-forth his case before taking any action against the petitioner. 5. In the circumstances, the writ petition is disposed of permitting the petitioner to submit his objections urging all the grounds available to him, including on facts and law, within a period of ten days from the date of receipt of a copy of this order. On receipt of such objections, the 2nd respondent-Panchayat Secretary, Dulapally Gram Panchayat, Quthbullapur Mandal, Ranga Reddy District, is directed to consider the same and pass appropriate orders in accordance with law. It is clarified that the respondents may take further action subject to the result of the orders that may be passed on the objections of the petitioner. Till a decision is taken, as directed above, the impugned orders shall not be given effect to and status quo obtaining as on today shall be maintained by both parties. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 11.08.2011. NOTE:- Issue C.C. by tomorrow. (B/O) Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.22638 of 2011 11.08.2011 (Msr)