HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.4453 of 2005 Date: April 15, 2011 Between: Ch. Radhakrishna … Petitioner And 1. The District Collector, Karimnagar & 2 others. … Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.4453 of 2005 O R D E R: This writ petition challenges the action of the Gram Panchayat, Pothireddypet village, Huzurabad Mandal, Karimnagar District, in not permitting the petitioner to run his rice mill in the village. The petitioner seeks a consequential direction to the authorities to permit him to run the mill. 2. As per the averments in the affidavit filed in support of the writ petition, the subject rice mill was in existence since the year 1983 and was purchased by the petitioner in the year 1991. While so, in June 2004 owing to the objections raised by the Pollution Control Board with regard to operation of the subject rice mill, The District Panchayat Officer, Karimnagar, the second respondent, by orders dated 18.10.2004 directed the petitioner not to operate the mill till the objections were complied with. It is the case of the petitioner that after he complied with the objections, the second respondent issued proceedings dated 22.01.2005 instructing the Gram Panchayat, Pothireddypet village to permit the petitioner to run his rice mill. As there was no action on the part of the Gram Panchayat pursuant thereto, the petitioner approached this Court by way of the present writ petition. 3. The Panchayat Secretary of Pothireddypet Gram Panchayat filed his counter stating that after issuance of the proceedings dated 22.01.2005 by the second respondent, the Gram Panchayat passed a resolution on 05.02.2005 denying permission to the petitioner’s rice mill at the existing location, stating that the same would be permitted if constructed on the outskirts of the village. The same was stated to have been communicated to the petitioner under notice dated 07.02.2005, but without receiving the same, he is alleged to have filed the present writ petition. This counter was filed as long back as on 31.03.2005. The petitioner however did not choose to refute the averments made therein. 4. As matter stand, the Gram Panchayat, Pothireddypet village, in exercise of powers under Section 120 of the A.P. Panchayat Raj Act, 1994, denied permission to the petitioner to operate his rice mill at the existing location in the village. The said resolution is not subjected to challenge before this Court. In the light of the same, the petitioner cannot complain of inaction on the part of the Gram Panchayat pursuant to the proceedings dated 22.01.2005 of the District Panchayat Officer, Karimnagar. 5. The writ petition is therefore devoid of merit and is accordingly dismissed, leaving it open to the petitioner to work out his remedies against the resolution dated 05.02.2005 of the Gram Panchayat, Pothireddypet village in accordance with law. In the circumstances, there shall be no order as to costs. ________________ SANJAY KUMAR, J Date: April 15, 2011. BSB