LAWS(APH)-2021-7-22

MUDIDANA BALA BALAJI Vs. STATE OF ANDHRA PRADESH

Decided On July 08, 2021
Mudidana Bala Balaji Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) 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.