IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 3054 of 2006 Between: Sri S.M. Tiwari, S/o. Sri B.P. Tiwari, R/o. Plot No.8 Green Park, Medchel Road, NH.7, Jeedimetla, Ranga Reddy Dist. ..... PETITIONER AND The Panchayat Secretary, Village Secretariat, Bahadurpalli Village, Qutbullapur Mandal, Ranga Reddy Dist. .....RESPONDENT 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 an appropriate writ, order or direction, more particularly one in the nature of the respondent in not issuing the building permission in accordance with the resolution passed on 19-11-2004 by Bahadurpalli Gram Panchayat, Qutabullapur Mandal, Ranga Reddy Dist as illegal, and void consequentially directing the respondent to issue building permit in favour of the petitioner forthwith and pass such other order or orders. Counsel for the Petitioner: MR. K.GOVERDHAN REDDY Counsel for Respondent: G. ELISHA (SC FOR ZPPS AND MPPS,TEL REG) The Court made the following : ORAL ORDER: The petitioner herein claims to be the owner and possessor of plot bearing No.181/Part, situated in S.No.227/1 and 228 of Bahadurpalli Village, Qutubullapur Mandal, Ranga Reddy District, which falls under Bahadurpalli Gram Panchayat. It is stated that he purchased the said plot from one Y. Padmini under the registered sale deed dated 14.10.2004, who in turn purchased the same from M/s. Sainath Co-operative Housing Society. Pursuant to the application made by the petitioner for grant of building permission, the Gram Panchayat, Bahadurpalli Village, passed resolution dated 19.11.2004 granting building permission as sought by the petitioner. This writ petition is filed alleging that in spite of the said resolution passed by the Gram Panchayat, the respondent- Panchayat Secretary of Bahadurpalli Village failed to issue the building permit. Hence the petitioner seeks a declaration that the action of the respondent in not issuing the building permit in accordance with the resolution passed by the Gram Panchayat dated 19.11.2004 as arbitrary and illegal. In the counter affidavit filed by the respondent, it is stated that though the fact that the Gram Panchayat passed a resolution on 19.11.2004 deciding to grant building permission as sought by the petitioner is not in dispute, it is stated that so far as the land in S.No.227/1 is concerned there is a dispute whether the same is a Government land or patta land. A Division Bench of this Court in W.P.No.22900 of 2004 filed by the Sarpanch of the Gram Panchayat, directed that the Joint Collector, Ranga Reddy District shall conduct an enquiry on the said issue and pass appropriate orders within a period of three months. It is stated that since the Joint Collector, Ranga Reddy district has not yet passed any orders and since there is a dispute with regard to the very nature of the land, the respondent could not grant the building permit. Heard learned counsel appearing for both the parties and perused the material on record. As held by this Court in W.P.No.25184 of 2005 dated 8.12.2005, the Panchayat Secretary is bound to implement all the decisions and resolutions of the Gram panchayat. However, this is a case where there is a dispute with regard to the very nature of the land in question and the enquiry is pending before the Joint Collector, Ranga Reddy District to decide whether it is a Government land or patta land. Under the circumstances, though the respondent is bound to grant the building permit in terms of the resolution dated 19.11.2004 passed by the Gram Panchayat, it is made clear that such permit shall be subject to the out come of the enquiry pending before the Joint Collector, Ranga Reddy District pursuant to the directions issued by the Division Bench of this Court in W.P.No.22900 of 2004 and such permit shall be issued as expeditiously as possible preferably within a period of four weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. ____________ (G. Rohini, J.) 23rd June, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Panchayat Secretary, Village Secretariat, Bahadurpalli Village, Qutbullapur Mandal, Ranga Reddy Dist. 2 2 CD copies. Form-NIC-OGS/WP{KURR}