The High Court disposed of a writ petition filed against inaction regarding construction permission. Without adjudicating merits, it directed the respondents to consider specific applications and pass appropriate orders within 30 days.
Direction to consider applications dated 18.01.2012 and 13.02.2012 and pass appropriate orders within 30 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT JUDICATURE, ANDHRA PRADESH AT HYDERABAD
MONDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWELVE
PRESENT
THE HONOURABLE SRI JUSTICE G.CHANDRAIAH
W.P. No.11797 of 2012
Between:
A.Janga Reddy … Petitioner and The Grampanchayat, Boduppal (v) Ghatkesar(M) Ranga Reddy District, Rep.by its Panchayat Secretary and another.
… Respondents
THE HONOURABLE SRI JUSTICE G.CHANDRAIAH
W.P. No.11797 of 2012
ORDER:
Heard the learned counsel for the petitioners and the learned standing counsel for the respondents and perused the material on record.
Questioning inaction on the part of the respondents in granting the building permission to the petitioners, the petitioners filed the present writ petition.
The petitioners claim to be the absolute owners and possessors of Plot No.22 and 51 in Survey Nos.91, 93 and
27 to 36, 37 (part) 38 and 39 situated at Boduppal Village Ghatkesar Mandal, Ranga Reddy District, respectively. It is stated that they made applications on 18.01.2012 and 13.02.2012, respectively, to the respondents requesting to grant permission for construction of residential houses. Since the respondents did not pass any orders on the said applications, after waiting for the statutory period, the petitioners started construction under the deemed provision, but the respondents are restraining the petitioners from making any constructions. Since the respondents neither passing any orders on the said applications nor permitting to proceed with the construction, the petitioners filed the present writ petition.
The learned counsel for the petitioners would submit that Section 127 of the A.P. Panchayat Raj Act, 1994 confers power on the
respondents to grant permission and according to which, it is obligation on the part of the respondents to pass orders on the applications of the petitioners. Non passing of any orders on the said applications is bad and illegal.
On the other hand, the learned standing counsel appearing for the respondents would submit that as it is a specific averment of the petitioners that no orders have been passed in respect of their applications, therefore, the respondents may be directed to consider the same and pass appropriate orders, in accordance with law.
In that view of the matter, without going into the merits of the case, this writ petition is disposed of, at the admission stage, directing the respondents to consider the applications dated 18.01.2012 and 13.02.2012, stated to have been made by the petitioners, and pass appropriate orders, in accordance with law, within a period of thirty days, from the date of receipt of a copy of this order.
With the above direction, this writ petition is disposed of. There shall be no order as to costs.
_________________________ JUSTICE G.CHANDRAIAH
Date: 23.04.2012 LSK
2 issues framed by the court
Whether the respondents should be directed to consider delayed applications for construction permission and pass appropriate orders.
Whether direction is justified in absence of impugned order without going into merits of the case.
A.Janga Reddy
The Grampanchayat, Boduppal
G.CHANDRAIAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
