THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.19871 of 2010 ORDER: This writ petition is filed seeking a mandamus declaring the action of the third respondent – Chief Executive Officer, Zilla Praja Parishad, SPSR Nellore District, in issuing proceedings, dated 20.11.2009, in R.C.No.P5/4802/2009, granting permission for construction of Mahila Community Hall in petitioner’s land covered by Survey No.320 situated at Inukurthi Village, Podalakuru Mandal, SPSR Nellore District, as illegal and arbitrary. It is the case of the petitioner that he is the owner of Ac.0.06 cents of land covered by Survey No.320 situated at Inukurthi Village, Podalakuru Mandal, SPSR Nellore District and he inherited the said land from his father. It is stated that the petitioner has already constructed a pucca house on the said land and enjoying the total extent of Ac.0.06 cents of land in the aforesaid survey number. It is the grievance of the petitioner that the respondents are proposing to construct Mahila Community Hall by encroaching into his land, and pursuant to the impugned proceedings, constructions are started. Counter-affidavit is filed by the third respondent. In the said counter-affidavit, while denying the allegations of the petitioner, it is stated by the third respondent that the vacant land in Survey No.320 is classified as an inam land and out of total vacant site admeasuring Ac.0.72 cents, the petitioner is in possession of only 36 ankanams i.e. Ac.0.06 cents and the present construction is undertaken by the respondents in the remaining vacant land thereof. It is categorically stated that the impugned proceedings issued by the third respondent for construction of Mahila Community Hall is in Inukurthi Village but not in the land of the petitioner. It is submitted by the learned counsel for the petitioner that though it is stated that the respondents are making construction in the remaining extent of the land i.e. other than Ac.0.06 cents of the land of the petitioner, in the aforesaid survey number, in fact, the respondents have constructed Mahila Community Hall on the land of the petitioner only. It is stated that the petitioner also submitted an application to survey and fix the boundaries of the land owned by him. It is to be noticed that the impugned proceedings were issued for construction of Mahila Community Hall in Inukurthi Village. In view of the stand of the respondents that the constructions are being made in the vacant inam land but not on the land of the petitioner, I do not find any illegality in the impugned proceedings issued by the third respondent. As much as it is stated in the counter-affidavit filed by the third respondent that the alleged constructions are on the land, which is not owned by the petitioner, I deem it appropriate to place such statement on record and dispose of the writ petition. It is made clear that if there is any boundary dispute, this will not preclude the petitioner to pursue his application filed before the survey and boundary authorities, for demarcation of the land. Subject to the above observations, the writ petition is disposed of. No order as to costs. _______________________ R.SUBHASH REDDY, J 18th APRIL, 2011. Note: issue c.c. in three (3) days. kvni