Disposed

P Bhaskar v. the State of Andhra Pradesh

Andhra Pradesh HC9 Oct 2023WP/15544/2023

Case brief

AI extract

What is this about?

This order disposed of a writ petition where the petitioner alleged non-receipt of building permission and refusal of fee payment by the Gram Panchayat. The court observed a lack of documentary evidence and directed a fresh application to the Panchayat Secretary.

What did the court decide?

Petitioner directed to make a fresh application to the concerned Panchayat Secretary to be disposed of within two weeks.

P Bhaskar Vs the State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2023)

¶1

THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI

¶2

WRIT PETITION NO.15544 OF 2023

¶3

ORDER:

¶4

The short grievance of the petitioner is that, inspite of making application dated 13.04.2023, the 2^nd respondent is not accepting the payment of requisite fee for granting of building permission and further not granting building permission in Sy.No.1035/3C to an extent of Ac.1.96 cents in Basinikonda village, Madanapalle Mandal, Chittoor District.

¶5

Heard Sri S.Dilip Jayaram, learned counsel for the petitioner, learned Assistant Government Pleader for Panchayat Raj and Sri G.Venkat Reddy, learned Standing Counsel for Gram Panchayat.

¶6

Learned counsel for the petitioner in elaboration to what has been stated in the affidavit contended that, in order to construct commercial structure(Kalayanamandapam) in the subject property, the petitioner has approached 2^nd respondent and submitted plan for approval and requested for building permission in the year 2022 but as the 2^nd respondent neither approved nor rejected it for a long time, the petitioner started raising the structure. He further submitted that, the 2^nd respondent has issued notice dated 10.04.2023 directing the petitioner to stop construction for which the petitioner has submitted explanation, but the authorities have not considered the said explanation and further the 2^nd respondent is not accepting payment of

¶7

¶8

requesting fee for granting permission for construction. As such prayed to pass appropriate orders in that regard.

¶9

On the other hand, Sri G.Venkat Reddy, learned standing counsel on counter submitted that, the petitioner has not submitted any application as alleged and intentionally made allegations against the authorities and also failed to place any material showing that authorities have failed to receive the petitioner’s application. He further contended that, without obtaining any building permission started construction, as such notice was given, even then he is proceeding with the construction. As such no indulgence need be shown on the petitioner and prayed to dismiss the writ petition.

¶10

Perused the record.

¶11

Except the averments made in the affidavit, no documents has been placed showing that 2^nd respondent refused to consider the building permission. Further, no reasons are forthcoming as to why the petitioner has not approached concerned Gram Panchayat officials who is superior to the Panchayat Secretary. In the absence of any material, in support of the pleadings, this Court cannot adjudicate the grievance of the petitioner. In view of the above, this court is inclined to dispose of the writ petition with the following direction:

¶12

(i) The petitioner is at liberty to make a fresh application to the concerned Panchayat Secretary in this regard.

¶13

¶14

(ii) On receipt of such application, the concerned authorities are

¶15

directed to consider and dispose of the same, in accordance with law, following

¶16

the rules in vogue, within two(02) weeks thereafter.

¶17

Accordingly, the writ petition is disposed of . No costs.

¶18

Miscellaneous applications, pending if any, shall stand closed.

¶19

________________________ JUSTICE RAVI CHEEMALAPATI

¶20

09.10.2023, BRS

P Bhaskar v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

P Bhaskar v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Nune Narasimha Reddy Vs the State of Andhra Pradesh

Rrr Constructions Vs The State of Andhra Pradesh

Chintada Srinivasa Rao Vs the State of Ap

Vundavelli Thimma Reddy, Vs State of Andhra Pradesh

M/s. Balaji Energy Pvt. Ltd, Vs The Southern Power Distribution Company of A.P Limited

Dama Haribabu (Died) Vs the State of Andhra Pradesh