Prathapaneni Babu Rao v. The State Of Andhra Pradesh,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ******** WRIT PETITION NO.26222 of 2015 Between:

Prathapaneni Babu Rao, S/o Krishnama Naidu, Aged about 55 years, Occu: Cultivation, R/o Munagalapalem Village, Yerpedu Mandal, Chittoor District .... Petitioner AND The State of Andhra Pradesh, Panchayat Raj and Rural Development Department, Secretariat, Saifabad, Hyderabad, rep.by its Principal Secretary and others.

.... Respondents DATE OF JUDGMENT PRONOUNCED : 19.08.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO

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

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

3. Whether Their Lordship wish to see the fair : Yes / No Copy of the Judgment ? : HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.26222 of 2015

ORDER:

Alleging that petitioner has constructed the compound wall blocking the public road and the land on which such construction was made is classified as 'gramakantam' and that on account of such construction, grave inconvenience is caused to the villagers, notice is issued calling upon petitioner to file explanation supported by material evident to show that he is entitled to construct such compound wall and that land belongs to him. Petitioner responded to the said notice in the form of legal notice through counsel dated 29.04.2015 and another legal notice dated 18.05.2015. So far no orders are passed. However, alleging that authorities have visited the premises on 13.08.2015 with men and material to demolish the compound wall, this writ petition is filed.

2. There is no material filed to show that such a hasty action is taken now having kept quiet for more than three months. Be that as it may, notice is issued to the petitioner to submit his explanation and explanation in the form of legal notice through the counsel is already filed. Therefore, respondent Gram Panchayat is directed to consider the explanation in the form of legal notice and pass appropriate orders as warranted by law, as expeditiously as possible, preferably within six weeks from the date of receipt of a copy of this order. Until final orders are passed as directed, respondent Gram Panchayat shall not take any coercive steps to demolish the compound wall of the petitioner.

3. Accordingly the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions if any pending in the writ petition shall stand closed. __________________________ JUSTICE P.NAVEEN RAO Date : 19.08.2015 kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO

WRIT PETITION No.26222 of 2015 Date: 19.08.2015 kkm