THE HONBLE Ms. JUSTICE G. ROHINI WRIT PETITION No.16662 of 2008 ORAL ORDER: The respondents 3 & 4 herein, ﬁled W.P.No.12585 of 2008 alleging that the Gram Panchayat, Brahmanagudem, failed to take appropriate action against the petitioner herein (2nd respondent therein) from proceeding with illegal and unauthorized construction of a house causing damage to the houses of the respondents 3 and 4. The said writ petition was disposed of by this Court at the stage of admission by order dated 18.06.2008 with a direction to the Gram Panchayat to consider the objections raised by the respondents 3 and 4 herein and pass appropriate orders in accordance with law after due notice to all the parties within a period of one week. Pursuant thereto, the 2nd respondent/Secretary of the Gram Panchayat passed an order dated 20.06.2008 calling upon the petitioner to remove the alleged unauthorized constructions and report compliance within seven days. Aggrieved by the same, the present writ petition is ﬁled contending inter alia that the impugned order dated 20.06.2008 was not only in violation of the principles of natural justice, but also in violation of the speciﬁc directions of this Court in W.P.No.12585 of 2008. The learned counsel for the petitioner further contended that as a matter of fact, the Secretary Gram Panchayat is not competent to pass the impugned order and that as per law the 1st respondent/District Panchayat Oﬃcer alone is competent. I have heard the learned counsel for the petitioner as well as the learned counsel appearing for the respondents 3 and 4. In the counter aﬃdavit ﬁled on behalf of the respondents 3 and 4, the allegation of the writ petitioner that no prior notice was issued to him in terms of the order of this Court in W.P.No.12585 of 2008 could not be disputed. In the circumstances, on the face of it, the impugned order being arbitrary, illegal and contrary to the order of this Court is liable to be set aside. Accordingly, without expressing any opinion as to the rival claims made by the parties, the impugned order dated 20.06.2008 is hereby set aside and the writ petition is disposed of leaving it open to the respondents 1 and 2 to take appropriate steps in terms of the order in W.P.No.12585 of 2008 following due process of law. No costs. 04.08.2008. Note: Issue CC in three days. (Bo) Kgr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDYA, THE FOURTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.16662 of 2008 Between: Garapati Srihar, S/o. G.Krishna Rao, R/o 1- 79,Brahmanagudem Village & Panchayat, West Godavari District. ..... PETITIONER AND 1 District Panchayat Officer, West Godavari District at Eluru, 2 The Secretary, Grampanchayat, Brahmanagudem Grampanchayat, West Godavari District at Eluru, 3 Smt. Mungala Sheshamma, W/o. late Ramayya, Brahmanagudem, Chagallu Mandal, West Godavari District. 4 Smt. Kesani Satyavathi, W/o. Rama Rao, Brahmanagudem, Chagallu Mandal, West Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ, order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the 2nd respondent in straightway issuing the Ex.P-1 order dated 20-6-2008 directing the petitioner to remove the alleged constructions made in violation of sanction plan in plot admeasuring Door No.1-79 in R.S.No.79/14 of Brahmanagudem Village, Chagallu Mandal, west Godavari District and also the action of the Respondents 1 and 2 in not taking any steps in respect of the un- authorized constructions made by the Respondents 3 and 4 as illegal, arbitrary and violative of principles of natural justice and pass Counsel for the Petitioner: Mr. M. R. K. CHAKRAVARTHY Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. Mr. M. Prabhakara Rao Smt. N(P) Anjana Devi The Court made the following: