HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.5429 of 2008 Dated: 29.10.2010 Between: B. Sujatha. …..Petitioner And Ibrahimpatnam Grampanchayat, rep. by its Sarpanch & others. …..Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.5429 of 2008 ORDER : In this writ petition, the petitioner has questioned the order, dated 20.11.2007, issued in R.O.C.No.155/2007, by the 3rd respondent-Panchayat Secretary, Ibrahimpatnam Gram Panchayat, Krishna District. The petitioner claims that she belongs to the Scheduled Caste community and is given a house site patta to an extent of 3½ cents in R.S.No.76/5 of Ibrahimpatnam Mandal in Krishna District. When the petitioner has applied for grant of construction permission based on the said patta certificate issued by the Tahsildar, the impugned order is passed by the 3rd respondent- Panchayat Secretary, stating that the Grampanchayat has passed a resolution to construct a community hall and Anganwadi centre in the above said area, as such, the petitioner is called upon to produce a certificate from the Tahsildar, indicating that she has got right and title in respect of the above said site. Though the writ petition is of 2008, no counter affidavit is filed by any of the respondents, and there is also no representation on their behalf. A perusal of the impugned proceedings shows that it also refers to the house site patta granted to the petitioner, which was produced by the petitioner along with the application for grant of permission for construction. In that view of the matter, there is no reason to direct the petitioner to produce the certificate from the Tahsildar. A perusal of the patta certificate issued to the petitioner indicates that the petitioner is permitted to construct a house on the said piece of land, and it is not known as to how a resolution is passed by the Grampanchayat to construct a community hall and Anganwadi centre in the site allotted to the petitioner. For the aforesaid reasons, and in the absence of any counter affidavit and representation on behalf of respondents, I deem it appropriate to set aside the impugned proceedings and remand the matter for fresh consideration. Accordingly, the order, dated 20.11.2007, issued by the 3rd respondent in R.O.C.No.155/2007, is set aside, with a direction to the respondents to consider the claim of the petitioner for grant of construction permission and take appropriate decision thereon, within a period of two months from the date of receipt of a copy of this order, taking into account the patta certificate issued to the petitioner. The petitioner shall produce the original copy of the patta certificate along with this order, before the respondents, within a period of two weeks from today. The writ petition is allowed with the directions indicated above. No order as to costs. ______________________ R. SUBHASH REDDY, J 29th October 2010. ajr