Citation : 2023 Latest Caselaw 1237 AP
Judgement Date : 2 March, 2023
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No: W.P. No.5085 of 2023
PROCEEDING SHEET
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2. 02.03.2023 NJS,J Transferr ed to io Heard learned counsel for the petitioner and folder before learned Standing Counsel representing the correctio respondents 4 and 5. ns.
As per the written instructions dated B/O 01.03.2023 of the 5th respondent, it would appear KA that the Gram Panchayat took steps for clearing the encroachments of land in the Panchayat market area and a fencing is erected to protect the same. It is also mentioned that as on today, no construction is made in the Panchayat area and also that no construction is made by the Gram Panchayat encroaching the C.C.Road.
Learned Standing Counsel states with reference to the said instructions that only after conducting a survey and identifying the Gram Panchayat land, construction activity, if any, would be undertaken.
On the other hand, the learned counsel for the petitioner placing reliance on the Judgment and Decree passed in O.S.No.508 of 2008 on the file of the Court of I Additional Senior Civil Judge, Nellore, dated 26.11.2015 contends that the Gram Panchayat is in fact injuncted from making any constructions in the passage, more particularly the Suit Schedule
Property, permanently. He submits that in the light of the said Judgment and Decree, the Gram Panchayat cannot proceed with any construction.
The matter requires consideration after filing of counter by the Gram Panchayat.
List this case after two (2) weeks.
_______ NJS, J BLV
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