IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 2663 of 2009 Between: 1 P. Rajeswara Rao, S/o. Anjaneyulu, r/o. Ramavarappadu, Vijayawada - 521 108. 2 S. Sathya Sai Babu, S/o. Veera Raghavayya, R/o. Ramavarappadu, Vijayawada - 521 108, Krishna District. 3 S. Nageswara Rao, S/o. Veera Raghavayya, R/o. Ramavarappadu, Vijayawada - 521 108, Krishna District. ..... PETITIONER(S) AND 1 The District Collector (Panchayat), Krishna District, Machilipatnam, 2 The District Panchayat Officer, Gram Panchayat Ramavarappadu, Vijayawada Rural, Krishna District 3 The Gram Panchayat Ramavarappadu, Rep by its Panchayat Secretary, Vijayawada Rural, Krishna District 4 K. Murali Krishna, S/o. Rama Rao, Ramalayam Street, Ramavarappadu, Vijayawada - 521 108, Krishna District. 5 P. Srinivasa Rao, S/o. Rang Rao, Ramalayam Street, Ramavarappadu, Vijayawada - 521 108, Krishna District. 6 P. Trinadh Venkata Satyanarayana, S/o. Atchaiah, Ramalayam Street, Ramavarappadu, Vijayawada - 521 108, Krishna 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 direction, order or writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 to 3 in not initiating action to demolish the structures and shops raised by the respondents 4 to 6 including and compound wall raised by the 4th respondent by occupying the Gram Panchayat Road on Western and Southern side is illegal, arbitrary, highhanded and violative of the provisions of AP Gram Panchayat Act, 1994 and consequently direct the respondents 1 to 3 to remove all the illegal structures raised on Western and Southern side of the Gram Panchayat Road by respondents 4 to 6 or by their followers forthwith by implementing the Resolution dt.20-11-2006 and 12-1-2009. Counsel for the Petitioner: MR.Y.V.RAVI PRASAD Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : ORDER: This writ petition is filed by the petitioners questioning the action of respondents 1 to 3 in not initiating action for demolishing the structures raised by respondents 4 to 6 on the public road, vested in the Ramavarappadu Gram Panchayat. Heard the learned counsel for the petitioners and the learned Government Pleader for Panchayat Raj and the learned Standing Counsel for the Gram Panchayat. The case of the petitioners is that the unofficial respondents have encroached the panchayat road situated on the southern side and western side of the temple upto 8 feet width by constructing petty shops and also started constructing a huge compound wall. On 30.10.2006 a grama sabha was also conducted in the village wherein the villagers took a decision to make a representation to the Panchayat for removal of the illegal constructions and occupations and they have accordingly gave a representation, pursuant to which the Gram Panchayat passed two resolutions for removal of the encroachments. The grievance of the petitioners is that in spite of the said resolutions, the official respondents are not taking any action for removing the encroachments. This Court on 12.2.2009 while issuing notice before admission directed the unofficial respondents not to proceed with further construction without specific permission from the Gram Panchayat. Today, when the matter is taken up, the learned standing counsel for the Gram Panchayat has produced before this Court parawise remarks which indicate that pursuant to the representations given by the petitioners, the Gram Panchayat has issued a notice to the 4th respondent to stop the construction until further orders. It is further stated that the Panchayat has resolved to conduct survey of the road on which the disputed constructions are being raised and accordingly, the Tahsildar, Vijayawada was requested to survey and fix the boundaries of the road. Since the Tahsildar informed them that the street survey record is required, the Gram Panchayat has requested the Assistant Director, Survey and Land Records to conduct survey of the road to find out whether the Gram Panchayat road has been encroached. It is stated that action will be taken immediately after receipt of the report from the Assistant Director of Survey and Land Records. Since it is stated that action will be taken to remove the encroachments immediately after receiving the survey report, no further orders are required to be passed in this writ petition and it is accordingly closed. N.V.RAMANA,J DT.11.6.2009 msv