THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.28458 of 2010 Date:16.11.2010 Between: Karnati Rangaiah ..... Petitioner AND The District Collector, Nalgonda, and others .....Respondents Counsel for the Petitioner: Sri Chalakani Venkat Yadav Counsel for Respondent No.1: Assistant Government Pleader for Revenue Counsel for Respondent Nos.2 to 5: Assistant Government Pleader for Panchayat Raj Counsel for Respondent No.6: Sri P. Raghavendra Reddy Counsel for Respondent No.7:-- The Court made the following: ORDER: This writ petition is filed for a Mandamus to declare the action of respondent No.6 in granting ‘no objection’ in favour of respondent No.7 for construction of a multi storied structure for establishment of poultry as illegal and arbitrary. In his affidavit, the petitioner, who is ex-Sarpanch and owner of agricultural lands stated to have been situated around the proposed poultry, has lamented that though several representations have been made to respondent No.3 against the illegal action of respondent No.6 in granting ‘no objection’ to respondent No.7 for running the poultry, no action is being taken. At the hearing, the learned Assistant Government Pleader for Panchayat Raj submitted that since the resolution was stated to have been passed by respondent No.6 Gram Panchayat, it is only the Government, which is empowered to cancel or suspend such resolution under Section 246 of the Andhra Pradesh Panchayat Raj Act, 1994 (for short ‘the Act’). On a perusal of Section 246 of the Act, I find force in the submission of the learned Assistant Government Pleader. Since, under Section 246 of the Act, there is no provision for an aggrieved party to approach the Government, respondent No.1 is directed to take appropriate steps to move the Government under Section 246 of the Act. If the Government is satisfied that the resolution passed by respondent No.6 is illegal, it shall issue notices to respondent Nos. 6 and 7 and take appropriate decision in accordance with the provisions of the Act. This exercise shall be completed within a period of two months from the date of receipt of a copy of this order. Subject to the above directions, the Writ Petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.36298 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. . ________________________ C.V.NAGARJUNA REDDY, J 16th November, 2010 GHN