THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.5250 OF 2006 DATED 3RD FEBRUARY, 2011 BETWEEN Gandhi Venkata Krishnaiah and others …Petitioner And Gram Panchayat, Mustafabad Village & Mandal, Karimnagar District., Rep. by its Panchayat Secretary and another. …Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.5250 OF 2006 ORDER: The grievance of the petitioners herein was with regard to the alleged interference by the respondent authorities when they undertook construction of compound walls in their house sites situated in Survey No.1134 of Musthabad Village and Mandal, Karimnagar District. The petitioners claim to have made applications for permission, for undertaking the said constructions, to the Gram Panchayat, Musthabad. Owing to inaction thereon, they approached the District Panchayat Officer, Karimnagar. By letter dated 06.01.2005, the District Panchayat Officer, Karimnagar, directed the Gram Panchayat, Musthabad, to take necessary action upon the petitioners’ applications under Section 121 of the Andhra Pradesh Panchayat Raj Act, 1994 (for brevity, ‘the Act of 1994’). As no orders were passed upon their applications even thereafter, the petitioners’ case is that they were entitled to claim deemed permission under the proviso to sub-section (3) of Section 127 of the Act of 1994. As the respondent authorities interfered with their activity in constructing the compound walls, they filed the present writ petition. In his counter, the Panchayat Secretary, Gram Panchayat, Musthabad Village, stated that instructions had been received from the Mandal Revenue Officer, Musthabad, that the land in Survey No.1134 of Musthabad Village belonged to the Endowments Department. It is stated that owing to this dispute as to the title over the subject land, the Gram Panchayat rejected the petitioners’ applications under notices dated 16.11.2005 stating to the effect that as the land in Survey No.1134 was in dispute their applications for permission could not be considered. It is further stated that the petitioners refused to receive these proceedings. Needless to state, once the petitioners claim title under registered sale deeds their applications have to be considered in the light of the relevant rules and not on the basis of an alleged claim by the Endowments Department over the said land. Be that as it may, in the light of the order passed by the executive authority refusing permission to the petitioners to undertake construction of compound walls, the proper remedy for the petitioners is to approach the appellate authority, the Gram Panchayat, under Section 128(1) of the Act of 1994. Section 129 of the Act of 1994 prescribes that an appeal should be preferred within thirty days from the date of receipt of the order under appeal. As in the present case, there is no evidence to show that the petitioners refused to receive the rejection proceedings dated 16.11.2005, this Court is inclined to give them the benefit of doubt so far as the aspect of limitation is concerned. The Writ Petition is accordingly disposed of leaving it open to the petitioners to avail the appellate remedy provided under Section 128(1) of the Act of 1994 within two (2) weeks from the date of receipt of a copy of this order. The appellate authority shall consider the appeal so submitted in accordance with law within four (4) weeks from the date of presentation. There shall be no order as to costs. ____________________ SANJAY KUMAR, J. 3RD FEBRUARY, 2011. VGSR/PGS