JUDGMENT

T. Vinod Kumar, J. - The present writ petition is filed under Article 226 of the Constitution of India for issue of a writ of mandamus directing the action of respondents, particularly 2nd respondent herein, not to interfere and restrain the petitioner in carrying construction/renovation work of H. No.14/1 of Takli village, Bela Mandal, Adilabad District, with consequential relief to declare the action of 2nd respondent authority in issuing notice dated 03.07.2020, as illegal, arbitrary and violative of Articles 14, 21 and 300A of Constitution of India.

2. The present writ petition is taken up for hearing today, i.e. 13.08.2020, through Video Conferencing.

3. Heard learned counsel for the petitioner and learned Government Pleader for Panchayat Raj.

4. Learned Counsel for the petitioner while reiterating the writ averments, has drawn attention of this Court to the interim order passed by this Court, in WPMP No.37452 of 2016 in W.P. No.30281 of 2016, whereby this Court directed the 2nd respondent therein not to physically dispossess/evict the petitioner herein from the residential house bearing Municipal Door No.1/4 situated at Takli village, Bela Mandal, Adilabad District, pending disposal of the above Writ Petition. The main grievance of the petitioner in the above Writ Petition was that being aggrieved by the order passed by the Special Deputy Collector, Tribal Welfare Department, Utnoor in LTR proceeding, the petitioner having preferred an appeal to the 1st respondent authority therein, along with the stay application, which it was stated to be pending, while the 2nd respondent authority acting through the 3rd respondent authority is taking steps to evict the petitioner by implementing the order of the 2nd respondent dated 23.04.2015. This Court, having regard to the pendency of the statutory appeal under Section 3 of the A.P. Scheduled Areas Land Transfer Regulation Act, 1959, was pleased to interdict the respondent authority from dispossessing the petitioner, pending the appeal before the 1st respondent authority therein. The learned counsel for the petitioner would further submit that petitioner is only undertaking renovation works to the old house because of the present monsoon season.

5. Sri. G. Narendar Reddy, Learned Standing Counsel for Gram Panchayat, on the other hand would submit that the petitioner having obtained the interim order from this court in W.P. No.30281 of 2016 from not being evicted/dispossessed, is now taking up further construction by removing the existing old house, as evident from the letter addressed by the petitioner to the 2nd respondent authority dated 06.07.2020, wherein the petitioner has stated as under:

"that the house built by my grandfather was entirely collapsed and was not in a position for human habitation and it was almost in the stage of collapse, as such I have cleaned the old construction and started to rebuilt a house on the same place and I have approached the Gram Panchayat authorities and requested them to permit for construction. The Gram Panchayat authority have instructed me to carry out the construction and I started to rebuilt the house.

That I started the construction work and the work has reached up to three feet basement level at this stage, the said Ade Santhosh given a complaint against me and on the complaint given by Ade Santhosh, the Panchayat Secretary, Gram Panchayat Takli issued notice to me on 03.07.2020 and directed me not to carry out the construction. That the giving of notice to me for stopping the work of construction of house, my land pertaining to 1-4/1 is unjustified and against the principles of natural justice".

6. Having given due consideration to the submissions made, as can be seen from the contents of the letter given by the petitioner to the 2nd respondent, the petitioner has removed the existing old house, in respect of which the petitioner's possession from being evicted/dispossessed was protected by the interim order passed by this Co