AKKULA MANGAYYAMMA Vs. MANDAL DEVELOPMENT OFFICER

JUDGEMENT

(1.) The petitioner is a resident of Thimmapuram village, Kakinada Rural Mandal in East Godavari District. He purchased an extent of 606 Sq.yds. in Plot Nos.1 and 2 under a registered sale deed dated 9-8-1995. The said plot forms part of layout plan No.493/85 comprised in Sy.No.193/4 of Thimmapuram village.

(2.) It appears, in June, 1999, the second respondent Gram Panchayat constructed a wall and also laid a foundation stone for construction of a building on the northern side of the petitioner's plot leaving path way. The petitioner made a representation to the Gram Panchayat on 17-6-1999 requesting them not to cause any obstruction in using path way. According to the petitioner, the Sarpanch of the Gram Panchayat by a letter dated 18-6-1999 informed the petitioner that the Gram Panchayat has no objection for using the open space on the northern side as path way by the petitioner. In the month of February 2002, the new Sarpanch who allegedly bore grudge against the petitioner is trying to shift the old foundation with a view to cause obstruction to path way. The Panchayat, it is alleged, now laid foundation in the path way for construction of a building. The petitioner contends that there is no need to shift the foundation stone laid for the building and the Sarpanch is causing obstruction to path way. He also alleged that the open space on the northern side of his plot does not belong to the Gram Panchayat unless the owners of the layout transfer the same in favour of the Panchayat. Therefore, he filed the writ petition seeking a declaration that the action of the respondent Gram panchayat in making construction of building in the path way is arbitrary, illegal and violate of Articles 14 and 21 of the Constitution of India.

(3.) This court, while admitting the writ petition, passed interim orders on 13-3-2002 in WPMP.No.5726 of 2002 directing Gram Panchayat to make construction only in accordance with letter dated 18-6-1999 given to the petitioner, for the time being. The Gram Panchayat has filed WVMP.No.2276 of 2002 to vacate the said interim order. As the controversy is very short, with the consent of the learned counsel for the petitioner and the learned Standing Counsel for Gram Panchayat, the matter was heard finally at the interlocutory stage and is being disposed of.