THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.27620 of 2010 Date : 15-12-2010 Between : Ganta Satyanarayana .. Petitioner And The Kommara Gram Panchayath, Kommara, Ganapavaram Mandal, West Godavari District and others .. Respondents Counsel for petitioner : Sri Ch.Krupavanth Counsel for respondent No.1: Sri G.Elisha, Standing Counsel Counsel for respondent Nos.2 & 4 : Assistant Government Pleader for Revenue Counsel for respondent No.3: Assistant Government Pleader for Panchayat Raj The Court made the following: ORDER: This Writ Petition is filed for a mandamus to declare the action of respondent Nos.1 and 2 in taking steps to demolish the compound wall and part of the building bearing assessment No.323, over land admeasuring Ac.0-10 cents, at J.Kommara village, Ganapavaram Mandal, West Godavari District, in the guise of widening of pathway as illegal and arbitrary. The petitioner has pleaded that he is the owner of the above mentioned property and that he has constructed R.C.C. building duly replacing the thatched house about 20 years back, that he has also constructed a compound wall around the said building and that there is a pathway running from East to West on the Southern side of his compound wall to a width of 12 to 15 ft. The petitioner alleged that while there is no necessity for widening the existing pathway, respondent No.1 has erected flags indicating that the compound wall on the Southern side and part of the building will be demolished and the land will be resumed for widening of the existing pathway. It is further averred that respondent No.1 who was requested to remove the flags had started the widening work, that as the property belongs to the petitioner which is purely a private land, the respondents cannot be permitted to utilize any part thereof without following the due process of law. A counter affidavit has been filed by the Panchayat Secretary of respondent No.1-Gram Panchayath wherein it is inter alia stated that the Gram Panchayath has passed an unanimous resolution on 4-8-2010 proposing to lay road in the existing pathway in Sy.No.171/3, classified as Grama Kantam, that proposals of the Gram Panchayath were forwarded to Tahsildar, Ganapavaram, who in turn vide letter dated 14-10-2010 addressed a letter to the District Collector, West Godavari District and that at the stage of conducting survey, the present Writ Petition is filed. In para-5, it is stated that the petitioner has constructed his residential house and compound wall without obtaining permission from the Gram Panchayath and that the compound wall was constructed by the petitioner encroaching the Gram Panchayath land which fact is suppressed by him in the present Writ Petition. It is however stated that so far no steps have been taken for demolition of the structures raised on the Gram Panchayath land as sanctioning of funds is awaited and that as and when respondent No.1 proposes to remove the encroachments, the same would be done by following the due procedure according to law. In the light of the above submissions contained in the counter affidavit, there is no need to grant specific direction as claimed in this Writ Petition. Needless to observe that if part of the property over which the petitioner has constructed the compound wall belongs to the Gram Panchayath, the respondents are entitled to recover and utilize the same for laying of the road, after following the due process of law. Subject to the above observations, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, WPMP No.35264/2010 is disposed of as infructuous. __________________________ C.V. NAGARJUNA REDDY.,J Date: 15-12-2010 AM