THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 28208 of 2008 ORDER: The petitioners claim to have purchased plot No.492, admeasuring 175 square yards, in Survey No. 160 of Yenugonda Gram Panchayat, Mahabubnagar Mandal and District, through a sale deed, dated 09.04.1992. They allege that they submitted an application on 18.08.2008 to the Gram Panchayat, 3rd respondent herein, with a request to accord permission and since the permission was neither rejected nor granted, within the time stipulated under Section 127 of the Panchayat Raj Act (for short ‘the Act’), a deemed permission had accrued to them. The petitioners contend that they commenced the construction in accordance with the deemed permission, and the respondents have highhandedly stopped the construction. The 3rd respondent issued notice to the petitioners on 14.10.2008, to stop the construction forthwith. The petitioners feel aggrieved by the action of the respondents in stopping the construction. The 3rd respondent filed a counter affidavit. It is denied that the petitioners had made an application on 18.08.2008. The 3rd respondent states that the petitioners had commenced construction without there being any permission and encroached into the 200 ft. road abutting plot No.492. Reference is made to the proceedings that emanated from the District Town and Country Planning Officer, Mahabubnagar and the District Collector, 1st respondent herein. Heard Sri S.Lakshmi Narayana Reddy, learned counsel for the petitioners, learned Government Pleader for Panchayat Raj and Sri G.Elisha, learned counsel for respondent No.3&4. The petitioners assert that a deemed permission under Section 127 of the Act had accrued to them with the lapse of time stipulated thereunder. This is on the assumption that an application for permission was presented by them on 18.08.2008. A deemed permission can accrue, if only there is no dispute as to the date of presentation of the application and non-rejection thereof within the stipulated time. In the instant case, the 3rd respondent has flatly denied the receipt of any application from the petitioners. No acknowledgment is filed before this Court in proof of the allegation that the application is filed. Therefore, it cannot be said that any permission is deemed to have been granted in favour of the petitioners. A detailed mention is made in the counter affidavit about the alleged encroachment made by the petitioners. That however is a different aspect. Once it has emerged that the petitioners do not hold any valid permission to make construction, they cannot be permitted to proceed with the construction. In fact, whatever was constructed so far is illegal. Even now the petitioners can submit an application and wait for the decision thereon. Hence, the writ petition is disposed of upholding the impugned notice, but leaving it open to the petitioners to approach the 3rd respondent for permission to construct. As and when such an application is made, the 3rd respondent shall process the same and pass appropriate orders thereon within four (4) weeks from the date of presentation. There shall be no order as to costs. _________ 27.01.2009 Note: Issue C.C. in three days. (B/o) JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 28208 of 2008 Date: 27.01.2009 JSU