Research › Search › Judgment

Andhra High Court · body

2021 DIGILAW 406 (AP)

Mudidana Bala Balaji v. State of Andhra Pradesh

2021-07-08

BATTU DEVANAND

body2021
JUDGMENT Battu Devanand, J. - This Writ Petition has been filed against the action of the respondents in issuing notice dated 21.05.2021 whereby the petitioner is called upon to remove the shed in the Poramboku land situated in R.S.No.716, adjacent to Z.P.road from Arjunudupalem to Peddireddypalem, West Godavari District without having any power under Andhra Pradesh Panchayat Raj Act, 1994 and contrary to G.O.Ms.No.558 dated 02.03.2020 issued by the 1st respondent. 2. Heard Sri Sai Gangadhar Chamarthy, learned counsel for the petitioner and the learned Government Pleader for Panchayat Raj and Rural Development appearing for respondent Nos.1 to 3 and Sri I.Koti Reddy, learned Standing Counsel appearing for respondent No.4. A counter affidavit has been filed on behalf of 4th respondent. 3. It is the case of the petitioner that the petitioner predecessors are in possession and enjoyment of small extent of the land classified as Poramboku for more that several decades in R.S.No.716, adjacent to Zilla Parishad road from Arjunudupalem to Peddireddypalem, West Godavari District. Initially, they raised thatched shed, which was converted into Mangalore Tiled Shed and recently converted into a Tine Shed on the same pillars which were existing more than several years. The 4th respondent issued notice dated 21.05.2021 calling upon the petitioner to stop the shed construction and removed the same forthwith. 4. In the counter affidavit filed on behalf of 4th respondent it is averred that there is Zilla Parishad road, passing through this Gram Panchayat. The petitioner has illegally encroached the road and started constructing the asbestos sheet shed for establishing the poultry farm without obtaining the permission from the Gram Panchayat. After noticing the same, the Gram Panchayat has issued the notice dated 21.05.2021 and the petitioner was directed to stop further construction and remove the structures already constructed by him. In response to the said notice, the petitioner has submitted his explanation through an Advocate on 26.05.2021. It is further submitted by the Gram Panchayat in the counter affidavit that under Section 53 of Andhra Pradesh Panchayat Raj Act, 1994, the Gram Panchayat has got power to remove the encroachments made on the Zilla Parishad Road. It is the contention of the Gram Panchayat that the petitioner did not obtain any permission from the Gram Panchayat for construction of the poultry farm. 5. It is the contention of the Gram Panchayat that the petitioner did not obtain any permission from the Gram Panchayat for construction of the poultry farm. 5. Having heard the submissions of learned counsel for the petitioner and upon perusal of the material available on record, including the averments made in the counter affidavit filed by the Gram Panchayat, it appears that the petitioner has submitted his explanation on 26.05.2021 to the notice issued by the Gram Panchayat on 21.05.2021. 6. In view of the same, in the considered opinion of this Court, it is appropriate to direct the 4th respondent to consider the explanation submitted by the petitioner on 26.05.2021 and take appropriate decision in accordance with law, by giving opportunity to the petitioner within the stipulated time. 7. Accordingly, the Writ Petition is disposed of at the stage of admission with the consent of both the parties directing the 4th respondent to consider the explanation submitted by the petitioner on 26.05.2021 to the notice dated 21.05.2021 and pass appropriate orders in accordance with law after giving opportunity to the petitioner within a period of four (4) weeks from today. Till then, the respondents are directed to maintain status quo in all respects. No order as to costs. 8. As a sequel, miscellaneous applications pending, if any, in this Writ Petition shall stand closed.