ORDER:

This writ petition is filed under Article 226 of Constitution of India for the following relief:

“…to issue an appropriate writ order or direction more particularly one in the nature of WRIT OF MANDAMUS directing the official respondents to consider my representation dated 10.11.2022 and make a physical inspection and take action in accordance with law and also declare the highhanded action of the official respondents in not considering the above representation as arbitrary unjust and violative of Article 14, 21 and 300A of the Constitution of India...”

2. Heard learned Counsel for the petitioner and the learned Assistant Government Pleader for Panchayat Raj and Rural Development appearing for the respondent No.1, Sri P.Kishore Rao, learned Standing Counsel for TS Zilla Parishads appearing for the respondent Nos.2 and 3 and Sri Ningesh Ushappa Mestri, learned Counsel appearing for the respondent No.4 and perused the record.

3. Learned Counsel for the petitioner submits that the petitioner and the respondent No.4 are the neighbors. The respondent No.4 without obtaining any building permission constructing the house by occupying the road space and constructing a wall and gate. With regard to the said action, the petitioner’s wife made a complaint on 10.11.2022 to the respondent No.3. On the said complaint, the respondent-authorities did not take any action against the respondent No.4 in accordance with law.

4. Learned Counsel for the petitioner further submits that the respondent No.2 manipulated records in the Gram Panchayat and the grievance of the petitioner is only with regard to laying C.C.Road in the space of the road margin, which is occupied by the respondent No.4. Instead of clarifying the same allegations made by the petitioner, stating some other facts, which are not connected with allegations made in the writ petition and requested this Court to allow the present Writ Petition by considering the representation filed by the petitioner on 10.11.2022 and direct the respondents to make physical inspection in the schedule property.

5. On the other hand, the learned Standing Counsel for Gram Panchayat appearing for the respondent Nos.2 and 3 basing on the counter submits that the Gram Panchayat has laid C.C.Road till the existing Gram Panchayat road and the request of the petitioner is that to lay the road till the house of the respondent No.4, for which the respondent No.4 has purchased the house and land from one Inal Ruknamma. In pursuance to the objection of the respondent No.4 and basing on the representation of the petitioner dated 10.11.2022, the Gram Panchayat has conducted a General Body meeting on 01.12.2022 headed by the Sarpanch and Ward Members discussed the said subject and resolved unanimously to the effect that the C.C.Road laid from the house of T.Gopal till the house of the petitioner with the funds sanctioned Rs.5,00,000/- and the Administrative Body further resolved that the C.C.Road meant for the Gram Panchayat and for its development purpose and should not be for the benefit of one individual. Moreover, it is objected that the Gram Panchayat has no way concerned to lay the road in private land belongs to the respondent No.4 and Mission Bhagiratha Water Pipe Line extended up to the respondent No.4 house for his personal use as per his request for providing water to his house, which was constructed in his patta land and after passing unanimous resolution has been furnished to the petitioner herein and the petitioner though well aware of the same has filed the present Writ Petition for not considering the representation and the same is the suppression of the fact and requested this Court to dismiss the Writ Petition.

6. Learned Counsel appearing the respondent No.4 basing on the counter submits that the respondent No.4 has purchased an old house with some open place from one Ainala Ruknamma in the year, 2021. After purchase of the said house, he just repaired his old house and fixed the gate within his