ORDER:

The present Writ Petition is filed by the petitioner under Article

226 of the Constitution of India, seeking the following relief:

“….to issue an order writ or direction more particularly in the nature of Writ of Mandamus declaring the action of the Secretary of the 4th respondent in not initiating any further action inspite of issuing notices 28-10-2020, 13-04-2023 and 18-04-2023, against the 5th respondent for making construction of G + 3 commercial building in D.No.5-90, Kothapeta Village and Mandal, Dr.B.R.Ambedkar Konaseema District, contrary to the sanctioned plan, without leaving any set-backs and encroaching public road, as required under A P Panchayat Raj Act and Rules made there under as illegal, arbitrary, violative of the provisions of A P Panchayat Raj Act and the Rules made there under and consequently direct the respondent authorities to initiate necessary action as per the provisions of A P Panchayat Raj Act 1994 and the Rules made thereunder qua the construction made by the 5th respondent contrary to the sanctioned plan without leaving any setbacks and encroaching public road etc and pass such other order or orders that the Hon’ble Court may deem fit and proper in the interest of justice.....”

2. The short grievance of the petitioner in the present Writ Petition is that, the 4th respondent – Grama Panchayat Secretary, is not initiating any further action except issuing notices dated 28.10.2020, 13.04.2023 and 18.04.2023 against the unauthorised and illegal construction made by the 5th respondent in Dr.No. 5-90, Kothapeta Village and Mandal, Dr. B. R. Ambedkar Konaseema District.

3. Heard Sri T.V. Jaggi Reddy, learned counsel for the petitioner, Sri N. Srihari, learned Standing Counsel for Grama Panchayat and learned Assistant Government Pleader for Panchayat Raj.

4. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit contended that, the 5th respondent, by occupying the road margin, without leaving proper setbacks and contrary to the building plan has constructed a building. Complaining the same, representations were given by the petitioner and others to the Panchayat Secretary. Pursuant to the same, the Panchayat Secretary though issued notices, did not take any legal steps against the unauthorised construction of the 5th respondent, as such, the present Writ Petition is filed and prayed to pass appropriate orders in that regard.

5. On the other hand, Sri N. Srihari, learned Standing Counsel, on written instructions dated 08.08.2023, submitted that, the Grama Panchayat is contemplating to survey the subject land to ascertain the extent of road margin encroached by the 5th respondent and after obtaining survey report, the Grama Panchayat would take steps in accordance with law and prayed to dispose of the Writ Petition by passing appropriate orders.

6. To the said submission, learned counsel for the petitioner submitted that, the written instructions may be recorded and a direction may be given to the Grama Panchayat to take steps in accordance with law against the unauthorised construction of the

5th respondent.

7. As no positive order is being passed in this Writ Petition, this Court feels it unnecessary to keep this matter pending till the notice is served on the 5th respondent.

8. Taking the submissions of both the learned counsel into consideration and as the Grama Panchayat Authorities have agreed to take steps in accordance with law, there is no purpose in keeping the Writ Petition pending. As such, this court is inclined to dispose of the Writ Petition, with the following direction:

“The 4th respondent- Grama Panchayat is hereby directed to take steps against the 5th respondent’s construction, if found unauthorised, in accordance with law, by issuing proper show-cause notice to him and also an opportunity of personal hearing and to dispose of the said enquiry in accordance with law and pass appropriate orders and communicate the same to both the parties concerned withi