IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HON’BLE SRI JUSTICE B. PRAKASH RAO AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY WRIT APPEAL NO.520 OF 2002 TUESDAY, THE TWENTY FIFTH DAY OF AUGUST, TWO THOUSAND AND NINE Between: The executive Officer, Gram Panchayat, JadcherlaGram Panchayat,Mahabubnagar District. .... Appellant And: Smt G.Venkatamma and 3 others ....Respondents. HON’BLE SRI JUSTICE B. PRAKASH RAO AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY WRIT APPEAL NO.520 OF 2002 JUDGMENT: (per Hon’ble Sri Justice B. Prakash Rao) The Appellant is the Executive Officer, representing Gram Panchayat, who, by way of this appeal under Clause 15 of the Letter Patent Act, in aggrieved by the order of the learned Single Judge in WP No.2793 of 2001 dated 6.9.2001 allowing the writ filed by the 1st respondent herein wherein a writ of mandamus was sought to declare the G.O.Rt.No.1712 dated 14.12.2000 passed by the Government as illegal. The brief facts of the proceedings are that the 1st respondent who is a land owner, applied for sanction of the lay out to the Gram Panchayat, Jadcherla. The Gram Panchayat has released the lay out on 8.5.1991 vide CR.No.B/652 on condition of applicant leaving 5% open area (public purposes) which comes to 733.33 sq. yards. Thereafter, the 1st respondent made an application on 7.2.1996 seeking building permission for construction in the 5% open site and the Gram Panchayat refused the said application on the ground that the matter is pending in WP No.8761 of 1998 before this Court. The 1st respondent filed a suit in OS No.161 of 1996 on the file of Junior Civil Judge, Jadcherla for perpetual injunction and during the pendency of the suit, the 1st respondent filed an application IA No.114 of 1996 in OS No.161 of 1996 seeking an interim injunction. Initially interim injunction was granted on 2.2.1996 but the same was vacated by its order dated 2.4.1996. When the matter stood thus, Gram Panchayat vide its proceedings No.A/99/86 dated 18.4.1991 granted permission to the 1st respondent for construction of building but the Office of the Collector had cancelled the permission vide its proceedings in Roc.No.A2/1303/97 dated 12.9.1997, as granted by the Gram Panchayat, Jadcherla, which led to file the WP No.8761 of 1998. However, the said writ petition was dismissed on 30.7.1998. In the meanwhile, at the instance of the parties, the Government of Andhra Pradesh had set aside the proceedings of the Collector in Roc. No. A2/1303/97, dated 12.9.1997 vide its G.O.Rt.No.1718 dated 3.11.1998. Admittedly, the said proceedings had remained unchallenged or modified by any authority. However, when a revision petition filed by Sri V.V.Subba Rao, President, Vijayanagar Colony Development and Welfare Association, Jadcherla, Mahabubnagar District against the orders of Government in G.O.Rt.No.1718, PR & R (Pts. IV) Department, dated 3.11.1998 in respect of layout permission granted to the 1st respondent, the District Collector, Mahaboobnagar is directed to initiate severe disciplinary action against the Executive Officer responsible for issuing two different layouts one with 5% common area and one without 5% common area. Challenging the same, the present Writ Petition is filed. The Learned Single Judge allowed the appeal taking the view that the Government itself having earlier allowed the revision of the 1st respondent on 3.11.1998, which has become final, there is no question of entertaining any second revision in the matter. Hence the present appeal by the Gram Panchayat. Though the larned standing ounsel appearing for the Gram Panchayat canvassed pointing out the latter orders of the Government of Andhra Pradesh in view of the comprehensive orders passed by the Government of Andhra Pradesh in (G.O.Rt.No.1712 dated 14.12.2000) by taking all the aspects into consideration, the learned Single Judge dismissed the writ petition as it was apparent that the Gram Panhayat has totally kept silent and especially after the orders passed by the Government in Revision G.O.Rt.No.1718 dated 3.11.1998. Neither the state body or association which were the incharge of the petitioner in the state filed any second revision before the Government or challenged it in a court of law. Further the Gram Panchayat itself being not a petitioner or revision petitioner in the second revision which has resulted in issue G.O.No.1712 dated 14.12.2000 by the Government of Andhra Pradesh. Hence either way, the appellant has no locus standi nor any right to question the proceedings in G.O.Rt.No.1712 dated 14.12.2000 issued by the 2nd respondent. The Government in its orders dated 3.11.1998 recorded reasons for setting aside the orders of the Collector, and the same having become final, further revision could not have been entertained. Further, the appellant himself not being the petitioner or a person aggrieved by the order as such before the Government of Andhra Pradesh in the second revision, no such adjudication once again arises in such questions. For the aforementioned reasons, we do not find any merit in the writ appeal and the writ appeal is liable to be dismissed and it is accordingly dismissed. No order as to costs. ____________________ B. PRAKASH RAO,J _______________________ G.V.SEETHAPATHY ,J Date:25.08.2009. Gk. HON’BLE SRI JUSTICE B. PRAKASH RAO AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY WRIT APPEAL NO.520 OF 2002 JUDGMENT DATE:25.08.2009. Gk.