K.B.Mohan Das, v. The State Of A.P.

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ******** WRIT PETITION NO. 15349 of 2015 Between:

K B Mohan Das S/o Late V K Subba Rao .... Petitioner And The State of A P Rep by its Principal Secretary, P R Department, Hyderabad and others .... Respondents DATE OF JUDGMENT PRONOUNCED : 25.8.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO

1. Whether Reporters of Local Newspapers may : / No Be allowed to see the Judgments ? :

2. Whether the copies of judgment may be marked : / No To Law Reporters/Journals :

3. Whether Their Lordship wish to see the fair : / No Copy of the Judgment ? :

HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 15349 of 2015 ORAL ORDER:

This writ petition is filed alleging that some illegal constructions are made encroaching into the Gram Panchayat land for temple by third parties and made illegal constructions without obtaining due permissions. Counter affidavit is filed on behalf of the Panchayat Secretary and in para 4 it is averred that notice was issued on 23.4.2015 to all persons who are alleged to be encroachers. Those encroachers have approached the Panchayat Secretary and sought some time to vacate the premises as they are living with their families for long time and it is not possible for them to vacate the same immediately.

According to the averments made in the counter affidavit appropriate action is taken on the representation submitted by the petitioners and it cannot be said that there was inaction on the part of the Gram Panchayat warranting issuance of mandamus by this Court.

Having regard to the fact that notice is already issued on the alleged encroachers, grievance of the petitioners to the extent of alleged inaction by the respondent Gram Panchayat is now attended and since notices are already issued, after duly considering the explanations submitted by the individuals against whom allegation of encroachment is made and if necessary by affording personal hearing, it is appropriate for the Gram Panchayat to take further course of action in accordance with law expeditiously preferably within a period of six weeks from the date of receipt of copy of this order.

Accordingly, the writ petition is disposed of. No costs. Having regard to the same, miscellaneous petitions, if any pending, are closed. ______________ P NAVEEN RAO,J DATE: 25.8.2015 TVK

HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 15349 of 2015 Date 25.8.2015