THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.22178 of 2002 ORDER: Petitioners question the provisional order, dated 02-11-2002, issued by the Sarpanch, Grampanchayat, Velgatoor village and mandal, Karimnagar District. It is the case of the petitioners that at the instance of respondents 2 and 3, the Grampanchayat issued the said provisional order informing the petitioners that they have constructed tin shed without obtaining permission from the Gampanchayat and accordingly, called upon them to show cause within 24 hours, as to why the illegal constructed tin shed should not be demolished. It is stated that pursuant to the said provisional order, the petitioners filed an explanation on 02-11-2002 stating that the said provisional order is illegal and contrary to law, as on 05-10-1999 itself the Grampanchayat accorded permission for construction and accordingly, the construction was made. It is further stated that when respondents 2 and 3 attempted to interfere with their peaceful possession, the petitioners have filed a suit in O.S.No.22 of 1999 on the file of the Senior Civil Judge, Peddapally and the said suit was decreed, against which, respondents 2 and 3 filed A.S.No.3 of 2004 on the file of the III Additional District Judge, Karimnagar, which was allowed in favour of respondents 2 and 3, against which, the petitioners have filed S.A.No.149 of 2006, in which an order of status-quo with regard to possession was obtained on 10-02-2006. The 1st respondent-Gram Panchayat filed a counter stating that the petitioners have not obtained permission from the then Sarpanch for construction of either hut or tin-shed on 05-10-1999, as alleged by the petitioners. It is further stated that the Grampanchayat issued a notice to the petitioners on 03-10-2002, for which the petitioners submitted an explanation on 05-10-2002 stating that the land is in dispute in the civil court and accordingly, requested the Grampanchayat to grant permission. It is stated that pursuant to the notice, dated 02-11-2002, the Grampanchayat removed the tin shed. But, however, after obtaining orders from this court on 06-11- 2002, again the petitioners had constructed a hut on 12-11-2002. I am of the opinion that the said title dispute is nothing to do with the controversy in the writ petition. The only question that arises for consideration is as to whether the petitioners have obtained permission for construction of tin shed or not? I am of the opinion that it is always open to the petitioners to obtain permission, if they are having right and title over the property. Insofar as their right to continue in possession of any constructed tin shed is concerned, the Grampanchayat is nothing to do with the same, if the petitioners obtained permission. But, however, if any construction is made without any permission irrespective of any right and title, it is always open to the Grampanchayat to take appropriate action against the petitioners. Accordingly, the writ petition is disposed of directing the 1st respondent-Grampanchayat to conduct enquiry as to whether any permission was obtained by the petitioners or not and pass appropriate speaking orders in accordance with law, after giving reasonable opportunity to both the petitioners as well as respondents 2 and 3. Till then, status-quo obtaining as on today shall be maintained. There shall be no order as to costs. ___________ 23-07-2010 Prv