IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 2015 of 2008 Between: B.Sambasiva Reddy S/o.B.Raji Reddy R/o.Aswaraopally Village, Raghunathpalli Mandal, Warangal District. ..... PETITIONER AND 1 The Gram Panchayat, Aswaraopally Village Raghunathpally Mandal, Warangal District, rep. by its Executive Officer. 2 D.Anitha, Sarpanch, Gram Panchayat, Aswaraopally village, Raghunathpally Mandal, Warangal District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a Writ of Mandamus or any other appropriate Writ or Writs, order or direction declaring the action of the Respondents in interfering with the construction activity of the petitioner over the land admeasuring Ac. 0.15 gts in Sy.No. 682 and Ac.0.14 gts in Sy.No.683 of Aswaraopalli village, Raghunathpalli Mandal, Warangal District, as otherwise than in due process of Law, as illegal, arbitrary, unconstitutional and without jurisdiction, and to consequently hold that petitioner is entitled to make construction of compound wall on the above property, as per his application dt. 30.10.2007, under deeming clause, and the Respondents cannot interfere with the said construction activity undertaken by the Petitioner; Award costs and pass such other or further orders, as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.N.SRIDHAR REDDY Counsel for the Respondents: G.ELISHA( SC FOR ZPPS AND MPPS,TEL REG) The Court made the following : ORDER: The petitioner is the owner of land in survey Nos.682 and 683 of Aswaraopalli Village, Raghunathpalli Mandal, Warangal District, admeasuring Ac.0.29 guntas. He claims to have made an application in the year 2007, to the ﬁrst respondent, with a request to accord permission for construction of a compound wall. He pleads that since no orders were passed within the time stipulated under Section 127 of the A.P.Panchayat Raj Act, 1994, deemed permission had accrued and accordingly, he started construction. He grievance is that the respondents are interfering with the construction of the compound wall and the privacy of his house is at stake. Heard learned counsel for the petitioner and Sri G.Elisha, learned Standing Counsel for respondents 1 and 2. Though the petitioner states that no decision on his application for permission was communicated to him, learned Standing Counsel has placed before this Court a copy of resolution, dated 01.05.2007, wherein it was resolved that the permission be not granted for the present. It was also mentioned that the compound wall is proposed to be constructed closing an approach road to the B.C. Colony. Reference is made to certain other facts also. This Court is of the view that controversy can be resolved, in case the District Panchayat Oﬃcer deputes one of his subordinates to cause personal inspection and issue necessary instructions depending upon the result thereof. Further, there should not be any complication, since there are no rival claims. The only controversy is as to existence of a road. Hence, the Writ Petition is disposed of, directing that the District Panchayat Oﬃcer, Warangal, shall depute one of his subordinates to make spot inspection of the area applied for by the petitioner. The views of the petitioner as well as the Grampanchayat shall be taken into account and on the basis of the report received in this behalf, the District Panchayat Oﬃcer shall pass appropriate orders. This exercise shall be completed within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs. ____________________ Dt.05.09.2008 L.NARASIMHA REDDY, J Note: Registry to mark a copy of this order to the District Panchayat Officer, Warnagal. (B/o) GJ