Writ of mandamus can be issued to Panchayats if they are not taking strict actions against unauthorised construction

Writ of mandamus can be issued to Panchayats if they are not taking strict actions against unauthorised construction

The petitioner's grievance was that despite his complaints the Statutory Authorities were not taking adequate action or were involved in taking only cosmetic action. Hence the petitioner sought for a writ of mandamus of the authorities. Despite the issuance of stop work notice by Administrator of Panchayat, opposite party was continuing with the illegal construction. Once any construction is found to be unauthorised, then State, through its Director of Panchayats, has to look into the matter and decide further course of action to be taken. Since the opposite party is found to be continuing with construction despite order of the Court, then the Panchayat would be held personally responsible. The Bombay High Court issued mandamus directing Panchayat to take necessary action.