HONOURABLE THE ACTING CHIEF JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT APPEAL NO. 916 OF 2011 Between: T. Vijay Kumar, S/o Ramakrishnaiah ………….Appellant AND The Commissioner of Panchayat Raj and Rural Development, Government of A.P. Hyderabad and five others ………….Respondents JUDGMENT : (Per Honourable the Acting Chief Justice GHULAM MOHAMMED ) This Writ Appeal has been filed against the order dated 24.10.2011 passed in W.P.No. 28660 of 2011 by a learned Single Judge of this Court, whereby, the Writ Petition was dismissed holding that it does not disclose valid cause of action. The main grievance of the appellant is that the 6th respondent has constructed a building opposite to the Temple of Lord Shiva to establish a private market, which might cause inconvenience to the public and the devotees, as the market area is likely to be kept in an unhygienic manner. The 6th respondent has applied to the Gram Panchayat for permission and the same is yet to be granted. Before any decision is taken by the Gram Panchayat on the application submitted by the appellant, the appellant has approached this Court by way of Writ Petition and hence the learned Single Judge dismissed the same being premature. The relevant portion of the order of the learned single judge reads as under: “As conceded by the learned counsel, the 6th respondent has a right to establish a private market. Secondly, his application is still pending consideration and this Court cannot assume that the Gram Panchayat will consider the application without reference to law. In the circumstances, I am of the opinion that the Writ Petition being premature, does not disclose valid grounds to interfere.” The learned counsel appearing for the appellant submits that under Section 104 of the Andhra Pradesh Panchayat Raj Act, 1994, the Gram Panchayat may provide places for use as public markets and, with the sanction of the Commissioner, close any such market or part thereof also. Further, as per Sub-Section (1) of Section 105 of the said Act, no person shall open a new private market or continue to keep open a private market unless he obtains from the gram panchayat a license to do so. On the other hand, the learned Government Pleader for Panchayat Raj submits that the Gram Panchyat, Kovur has not taken any decision to grant any licence to the 6th respondent to open a private market and therefore, there are no grounds to interfere in the matter. It is important to notice that as per Sub-Section (3) of Section 105 of the Panchayat Raj Act, the Gram Panchayat while granting the licence for operating private markets can impose such conditions as to sanitation, drainage, water supply, width of paths and ways etc and at any time for breach of any condition of the license suspend or cancel the same. It is on record that the 6th respondent has applied to the Kovur Gram Panchayat for permission to establish a private market after constructing a building opposite to the Temple of Lord Shiva. The Kovur Gram Panchayat has not taken any decision on the representation submitted by the 6th respondent. But even before taking any decision so far on the representation by the Gram Panchayat, the appellant approached this Court by way of Writ Petition and the learned Single Judge has rightly dismissed the same being premature. Hence, without going into the merits or otherwise of the matter, the Writ Appeal is dismissed and the Kovur Gram Panchayat is directed to dispose of the representation submitted by the 6th respondent in terms of Sub-Section (3) of Section 105 of the Panchayat Raj Act, and pass appropriate orders as expeditiously as possible. There shall be no order as to costs. __________________________ GHULAM MOHAMMED, HACJ _________________________________ NOOTY RAMAMOHANA RAO, J 8TH NOVEMBER , 2011 K. AMMAJI ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.