THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No :1482 of 2008 DATED:05-02-2008 BETWEEN: M.Appamma. ..... PETITIONER AND The Gram Panchayat, Rep., by its Secretary, Kodad village, Kodad mandal, Nalgonda District. .....RESPONDENT ORDER: Heard learned counsel appearing for the petitioner as well as the learned standing counsel appearing for the respondent. 2. Petitioner seeks a writ of mandamus declaring the action of the respondent in interfering with the construction of the building by the petitioner which is on the verge of completion pursuant to the permission granted by him on 05-11-2007 and during the pendency of the enquiry, as illegal, and arbitrary. 3. It is the case of the petitioner that she is the absolute owner and possessor of an extent of 502 square yards in Sy.No.504, Kodad village and mandal, Nalgonda District having purchased the same from one Sri Shaik Jani Mia vide registered sale deed document No.255/81, dated 16-01-1981, and thereafter on an application, dated 11-10-2007, filed by the petitioner to grant permission, the Kodad Gram Panchayat vide proceedings No.GPK/b/626/07, dated 05-11-2007, sanctioned plan for construction of the house subject to certain terms and conditions. It is stated that the 2nd respondent obtained a decree, dated 21-12-1996, in O.S.No.126 of 1992 on the file of the Munsif Magistrate, Kodad but the said fact has been suppressed and the petitioner obtained a sanctioned plan and accordingly petitioner was asked to submit an explanation within seven days as to why permission shall not be cancelled. 4. Learned counsel appearing for the petitioner submits that Mulasa Koteswararao never filed the said suit in O.S.No.126 of 1992 and he is not the decree-holder at any point of time in any of the decrees said to have been obtained by him. Moreover, petitioner is not a party to the said suit and therefore, no such decree is pending on the petitioner. 5. I am not inclined to express any opinion with regard to the said contentions of either of the parties as what is questioned is only a show cause notice and it is for the petitioner to submit explanation for the same. 6. Having regard to the facts and circumstances, Writ Petition is disposed of permitting the petitioner to submit explanation to the impugned show cause notice, dated 07-01-2008, within ten days from today and on filing such explanation 1st respondent is directed to consider and dispose of the representation of the petitioner, after giving reasonable opportunity to the petitioner as well as the complainant in accordance with law and until the said representation is disposed of, status quo obtaining as on today shall be maintained. There shall be no order as to costs. _________________ V.ESWARAIAH,J 05th February, 2008. Note: Furnish C.C. of the order tomorrow. B/o Tsy