THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.17355 of 2011 ORDER : Heard Sri J.Prabhakar, learned counsel for the petitioner and Sri P.Raghavender Reddy, learned standing counsel for ZPPs and MPPs appearing on behalf of the respondent. The petitioner claims to be the absolute owner and possessor of a pl140ot bearing No.7 situate in Sy.No.28/part of Mythilipuram, Jillelaguda Village, Saroornagar Mandal, Ranga Reddy District. He has been served with the impugned order dated 15-06-2011 passed by the Executive Officer of the Respondent-Panchayat. According to the said order the petitioner is constructing a building in plot Nos.128 and part of 127 without obtaining permission from the competent authority. It is stated therein that the petitioner obtained permission from the Gram Panchayat in the year 1997 and the same expired in the month of June 1998. But he is constructing a commercial complex encroaching the road by 3 feet without leaving setbacks and without there being a renewal of the permission. He is therefore directed to remove the construction within 7 days. Learned counsel for the petitioner while denying allegations made in the impugned order submits that the petitioner has undertaken construction only in Plot No.7 without any encroachment either in the adjacent plot No.8 or the road. He therefore submits that the respondent without ascertaining the fact has passed the impugned order. Learned Standing Counsel on the other hand submits that an inspection was made by the Planning Officer of the HMDA which revealed that the petitioner is constructing the building by encroaching the road. Indisputably the inspection referred to above appears to have been conducted without notice to the petitioner and without his presence. It is therefore appropriate to direct that an inspection be made in the presence of the petitioner before any action is taken as regards the construction. In view of the above, this Writ Petition is disposed of directing the respondent to cause an inspection of the premises after due notice to the petitioner and take appropriate action in accordance with law only after ascertaining the facts in the presence of the petitioner. Until then the impugned order shall be kept in abeyance. The petitioner also shall not make any further construction in the meanwhile. No costs. ________________ NOUSHAD ALI, J. 23rd June, 2011 skmr THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.17355 of 2011 Date : 23-06-2011 Between : P.Sarojini .. Petitioner and The Grampanchayat, Jillelaguda Village, rep. by its Panchayat Secretary, Executive Officer, Saroornagar Mandal, Ranga Reddy District. .. Respondent