THE HON’BLE MR JUSTICE NOUSHAD ALI Writ Petition No.6544 of 2006 ORDER : The petitioners, claiming to be the owners and possessors of land admeasuring 64 square yards, earlier obtained permission of the Gram Panchayat vide Resolution, dated 05-09-2005 for construction of building. The respondents 3 and 4, setting up title to the same property, filed an appeal against the said Resolution of the Gram Panchayat to the 1st Respondent-District Panchayat Officer, Medak. The 1st Respondent entertained the said appeal in case No.491/2006/A3-(PTS) and by orders dated 06-03-2006 granted stay of prohibiting the petitioner No.1 from undertaking construction on the said land. Aggrieved by the same, the petitioners have filed this Writ Petition. Heard. The counsel for the petitioners submits that the appeal filed by the Respondents 3 and 4 to the 1st Respondent is not provided under law and the 1st Respondent is incompetent to deal with the appeal. The counsel submits that under Section 128 of the Andhra Pradesh Panchayat Raj Act, 1994 remedy of appeal is provided against the orders of the Executive Authority to the Gram Panchayat and on a decision of the Gram Panchayat, the Second Appeal is provided to the District Panchayat Officer. No remedy by way of an appeal is provided straight away to the District Panchayat Officer against the orders of the Gram Panchayat. The counsel states that the Gram Panchayat itself having granted the construction permission in favour of the petitioners, the order passed by it is not amenable to appellate jurisdiction of the 1st Respondent. It is true that the Act does not provide an appeal to the District Panchayat Officer against the Resolutions passed by the Gram Panchayat. However, the Respondents 3 and 4 without challenging the Resolution of the Gram Panchayat appears to have challenged only the consequential order No.43/GPR/2005, dated 05-09-2005 of the Executive Officer. Even the said order is not amenable to appeal to the District Panchayat Officer, but appeal lies only to the Gram Panchayat. The learned Government Pleader and the learned standing counsel V.Raghavendra Reddy appearing for the 2nd Respondent fairly conceded the legal position. Having regard to the said submissions and provisions of Section 128 of the Act, apparently the appeal filed by the respondents is incompetent. The impugned order in Case No.491/2006/A3-(Pts), dated 06-03-2006 is therefore not sustainable and is accordingly set aside. The Writ Petition is accordingly allowed. There shall be no order as to costs. ________________ NOUSHAD ALI, J. 18th January, 2011. skmr THE HON’BLE MR JUSTICE NOUSHAD ALI Writ Petition No.6544 of 2006 Date : 18-01-2011 Between : Cheguri Sreenivas and 2 Others .. Petitioners and The District Panchayat Officer, Medak District, Sangareddy and 3 Others .. Respondents