THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition Nos.23030 and 24281 of 2009 COMMON ORDER: These two writ petitions are interrelated. The petitioner in W.P.No.24281 of 2009 filed an application before the Sanivarapupeta Gram Panchayat, Eluru Mandal, West Godavari District, with a request to accord sanction for construction on plot No.37/4, Road No.11, Sriramnagar of that village. The matter was placed before the Gram Panchayat, which, in turn, passed a resolution, dated 19.06.2009, and decided to accord permission. The consequential permission was issued by the Panchayat Secretary, on 09.07.2009. The petitioners in W.P.No.23030 of 2009 are the immediate neighbours of the said premises. They filed an appeal before the District Panchayat Officer, West Godavari, the 2nd respondent, alleging that the permission was accorded contrary to law, and in particular, the rules framed in G.O.Ms.No.302, dated 15.06.2008. The 2nd respondent passed an order, dated 02.09.2009, directing the owner of the premises to stop the construction, pending submission of explanation by the Panchayat Secretary. W.P.No.24281 of 2009 is filed challenging the said notice alleging that the 2nd respondent has no jurisdiction to entertain the appeal. The other writ petition was filed by the objectors stating that, in spite of the directions issued by the 2nd respondent, the owner of the premises is proceeding with the construction. Heard learned counsel for the petitioners, in the respective writ petitions, learned Government Pleader for Panchayat Raj and learned Standing Counsel for the Gram Panchayat. The permission accorded to the owner of the premises on 09.07.2009 by the Gram Panchayat is assailed before the 2nd respondent. Though it is urged that the appeal ought to have been filed before the Gram Panchayat, that contention is not acceptable. The reason is that the permission was accorded on the basis of the resolution of the Gram Panchayat. Therefore, the proceedings before the 2nd respondent have to be treated as an appeal under Section 128 of the A.P. Panchayat Raj Act. The objectors state that the prescribed procedure was not followed, while granting permission. These aspects need to be verified by the 2nd respondent. Inasmuch as the delay in construction would have its own impact, it is in the interests of all that the appeal is disposed of at an early date. The Writ Petitions are accordingly disposed of, directing that the 2nd respondent - District Panchayat Officer, West Godavari, shall take up the matter presented before him, by the objectors, as an appeal, under Section 128 of the A.P. Panchayat Raj Act, and decide the same within six (6) weeks from today, after hearing both the parties. No construction shall be made, till the appeal is disposed of. There shall be no order as to costs. _____________________ L. NARASIMHA REDDY, J. Dt.28-01-2010. Note: Furnish C.C. in three days. (B/o) GJ