IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 4818 of 2008 Between: Burugu Jayamma, W/o. Rangaiah, R/o. Nidamanuru Village and Mandal, Nalgonda District. ..... PETITIONER AND 1 The District Collector, Nalgonda District, Nalgonda. 2 The District Panchayat Officer, Nalgonda. 3 The Panchayat Secretary, Nidamanuru Gram Panchayat, Nidamanuru Village and Mandal, Nalgonda District. 4 Nidamanuru Gram Panchayat, rep by its Sarpanch, Nidamanuru Village and Mandal, Nalgonda District. .....RESPONDENT(S) 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 to issue writ order or direction more particularly one in the nature of writ of mandamus, declaring the action of the respondent No.3 herein in illegally demolishing two rooms constructed under deemed permission in the premises bearing H.No.6-188/1 situated at Nidamanuru village and Mandal, Nalgonda District, without following the due process of Law as illegal, arbitrary, unconstitutional and violative of principles of natural justice and consequently direct the respondent No.1 and 2 herein in forthwith take appropriate action against the 3rd respondent pursuant to the complaints dated 17-2-2008 and 18-2-2008 made by the petitioner and the 4th respondent herein by permitting the petitioner to proceed with the construction under deemed permission, and to grant such other relief or relief or reliefs as this Hon'ble court deems fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.PALLENAGESWAR RAO Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : ORDER: According to the petitioner she is the absolute owner and possessor of the land admeasuring 1874 sq.yards situate in Sy.No.379/2.1 of Nidamanuru Village and Mandal, Nalgonda District. According to her, she purchased the said land by way of different registered sale deeds bearing document Nos.394 of 1989, 703 of 1989 and 555 of 1997. Ever since the date of sale, the petitioner is in possession of the said land. According to the petitioner, she gave an application to the 3rd respondent seeking permission for construction of a residential house and paid the requisite amount towards the charges. The 3rd respondent after careful scrutiny and verification of the documents accorded permission to the petitioner vide permit No.5/2001, dt.21.11.2001 and therefore, the petitioner constructed the residential house in accordance with the sanctioned plan. Later, the petitioner wanted to develop the house and in that context she submitted an application on 4.1.2008 before the 3rd respondent complying with all the requirements, payment of fee and enclosing the plan etc. But the 3rd respondent has not accorded the permission and hence she approached this Court and filed the present writ petition. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Gram Panchayat. Chapter VI deals with the General and Miscellaneous (Gram Panchayats) and Section 127 of the A.P.Panchayat Raj Act, 1994 deals with the general provisions regarding licences and permissions. According to proviso to sub- section 3 of the said Section, every application for a licence or permission shall be disposed of within 15 days from the date of receipt thereof and if no orders are passed, it shall be deemed that the licence or permission is granted. Apart from that the Government also issued G.O.Ms.No.67, dated 26.6.2002 with regard to Layout and Building Rules. From the said G.O., also it is clear that when an application is filed with all the required formalities, the authorities shall pass orders and if no orders are passed, it should be deemed that the permission is granted. In the light of the above said provision, if the application of the petitioner which is dated 4.1.2008 is in accordance with the rules and accompanied by the required fee and plan etc., and in view of the fact that no orders have been passed till today, this Court feels that it should be deemed that the permission is granted and the petitioner may proceed with the construction of the building as per the plan annexed to the application. However, it is made clear that the deviation, if any is found, it is always open for the Gram Panchayat to proceed in accordance with law. The writ petition is disposed of accordingly. _________________________ GOPALA KRISHNA TAMADA, J. 1.5.2008 kpr