Disputed questions of fact, particularly those involving allegations of high-handedness versus consent in property demolition cases, cannot be adjudicated in writ proceedings under Article 226 of the Constitution of India; such matters must be resolved through a civil suit.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or writ or direction more particularly one in the nature of writ of mandamus, a. to declare the action of 4th respondent in issuing impugned notice dated 20-04-2023 and demolishing the compound wall of the petitioner's residential house bearing Door No. 1/90-D, Golla street of Muddanur Village and Mandal without following the due process of law envisaged under Rule 4 (i) and (ii) issued in G.O.Ms. No. 188 Panchayat Raj and Rural Development (Rules) dt. 21-07-2011 and consequently direct the respondents to re-construct the demolished structure. b. to direct the respondents more particularly 4th respondent to consider the representation of the petitioner dated 21-04-2023 submitted for conducting Survey of the entire street and to remove encroachments following the due procedure of Law and pass

IA NO: 1 OF 2023

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the representation of the petitioners dated 21-04-2023 submitted for conducting Survey of the entire street and to remove encroachments following the due procedure of Law during the pendency of the writ petition and pass

Counsel for the Petitioner(S):

1.T DIWAKAR REDDY

Counsel for the Respondent(S):

1.GP FOR PANCHAYAT RAJ RURAL DEV

2.Mattegunta.Sudhir, Standing Counsel For Z.P.Ps, M.P.Ps,Gram Panchayats

The Court made the following:

ORDER

Heard Sri P.Diwakar Reddy, learned counsel for the petitioners, Sri Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj & Rural Development for respondents 1 & 2; Ms.Usha, learned Assistant Government Pleader for Revenue for respondents 2, 5 & 6, Ms.Kavitha, learned counsel representing Sri M.Sudhir, learned standing counsel for 4th respondent.

2. The petitioners, wife and husband, filed the above writ petition impugning the notice dated 20.04.2023 (Ex.P1) issued by the 4th respondent and thereafter demolishing the compound wall of the house bearing D.No.1/90-D, Golla Street, Muddanur village and Mandal, without following procedure envisaged under Rule 4 (i) & (ii) issued vide G.O.Ms.No.188, Panchayat Raj & Rural Development (Rules), dated 21.07.2011, as illegal and arbitrary and consequently direct the respondents to reconstruct the wall.

3. a) Averments in the affidavit, in brief, are that the petitioners are the absolute owners and possessors of land admeasuring Ac.0.04½ cents in S.No.324/1C of Ward No.1, Golla Street, Muddanur village and Mandal, YSR Kadapa District. They purchased the said land under two registered sale deeds bearing document Nos.2262 and 2267 of 2007 dated 30.10.2007. After getting necessary permission from the 4th respondent, the petitioners constructed a residential house consisting ground and first floor in the year 2014. The compound wall was also constructed as per the plan. Thereafter, petitioners recently renovated the compound wall and installed a new gate in place of the old gate and also increased the height of the compound wall.

b) As the matter stood thus, the 6th respondent issued a notice dated 18.04.2023 (Ex.P2) intimating the petitioners that a survey would be conducted on 20.04.2023 and further requested the petitioners to attend the s