THE HONOURABLE SRI JUSTICE P.S.NARAYANA FRIDAY, THE TWENTY EIGHTH DAY OF AUGUST, TWO THOUSAND AND NINE WRIT PETITION No. 18127 OF 2009 Between: Ghantasala Gandhi and others …Petitioners A N D The District Panchayat Officer, Mandavalli, Krishna District and others …Respondents THE HONOURABLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No. 18127 Of 2009 ORDER: The matter is coming up for admission. 2. Sri V.V. Prabhakara Rao, learned counsel representing petitioners had taken this Court through the contents of the affidavit filed in support of the writ petition and Section 98 of A.P. Panchayat Raj Act (Hereinafter referred to as ‘the Act’ for the purpose of convenience) and would maintain that in view of the said provision, the petitioners even if to be treated as encroachers are entitled to issuance of the notice and an opportunity to be given to file objections to such notice and then only any appropriate decision can be taken. Learned counsel would also maintain that though the impugned order can be termed as notice, there is threat of their removal and in the light of the same, the writ petitioners approached this Court for appropriate protection. 3. Learned Additional Government Pleader for Panchayat Raj representing Respondents 1 and 2 would maintain that in the facts and circumstances of the case an opportunity be given to the petitioners to raise such objections to the notice under challenged in accordance with law. 4. Mr.M. Prabhakar Rao, learned counsel representing Respondent No.3 would maintain that this is only a notice and the petitioners were called upon to remove the unauthorised encroachments within a period of seven days and in view of the same, liberty may be given to the petitioners to raise appropriate objections and let the 3rd respondent be directed to take an appropriate decision in the light of the such objections if any filed. 5. Heard the counsel. 6. This writ petition is filed for a writ of mandamus, declaring the action of the 3rd respondent in issuing notice dated 19-8-2009 to dispossess the petitioners from their respective houses situated in Penumakalanka village, Mandavalli Mandal, Krishna District is in violation of Section 98 of A.P. Panchayat Raj Act, as arbitrary and violative of principles of natural justice and for a consequential order to declare that the petitioners have acquired their respective lands by adverse possession and pas such other suitable orders. 7. It is stated that the petitioners have constructed temporary semi pucca houses and pucca houses in small extents of lands in the 3rd respondent Gram Panchayat. They have been in possession and enjoyment of the houses for the last two decades and except their respective houses, they do not have any houses anywhere in the village. Further, it is stated that 3rd respondent Gram Panchayat issued notice through registered post on 19-8-2009 wherein it was stated that the 3rd respondent Gram Panchayat decided to remove the encroachments and houses for public purpose. The petitioners are in occupation of the Government land without title and they are encroachers of the Panchayat land. Further, it is stated that the Grampanchayat appears to have passed resolution to remove the encroachers from the poramboke lands within seven days, failing which the respondents will take appropriate action as per the Act. It is also further stated that even if such notice had been given, the 3rd respondent is expected to follow the procedure as specified under Section 98 of the Act. Section 98 of the Act deals with encroachment read as here under:- “Section 98. Removal of encroachments:- 1) The executive authority may, by notice, require the owner or occupier of any building to remove or alter any projection, encroachment or obstruction, other than a door, gate bar or ground floor window situated against or in form of such building and in or over any public road vested in such gram panchayat. 2) If the owner or occupier of the building proves that any such projection, encroachment or obstruction has existed for a period sufficient under the law of limitation to give any person a prescriptive title thereto or that it was erected or made with the permission or licence of any local authority duly empowered in that behalf, and that the period, if any, for which the permission or licence is valid has not expired, the Gram Panchayat shall make reasonable compensation to every person who suffer damages by the removal or alteration of the same.” 8. In the light of the said provisions specified supra, liberty is given to the petitioners to file appropriate objections to the notice within a period of two weeks and let 3rd respondent consider such objections, which may be filed by the petitioners and pass appropriate orders in this regard in accordance with law. Till then, status quo existing as on today shall be maintained. 9. Accordingly, the writ petition is disposed of. No order as to costs. ______________________ Justice P.S. Narayana 28th August, 2009. KM THE HONOURABLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No. 18127 Of 2009 28th August, 2009.