THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.24339 OF 2009 DATED 23rd JUNE, 2011 Between: Akthar Unnisa Begum … Petitioner and The Executive Officer, Keverampet Gram Panchayat, Jadcherla Mandal, Mahaboobnagar District, and others. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.24339 OF 2009 O R D E R The grievance of the petitioner is with regard to the action of the Executive Officer, Keverampet Gram Panchayat, Jadcherla Village and Mandal, Mahaboobnagar District, in not sanctioning permission for construction of a residential building in her premises as per G.O.Ms.No.67, Panchayat Raj and Rural Development (Pts-IV) Department, dated 26.02.2002. It is the case of the petitioner that she is the owner and possessor of the plots in H.Nos.1-49 and 1-50 of Jadcherla Village and Mandal, Mahaboobnagar District. She claims to have purchased an extent of 22 square metres in the plot bearing H.No. 1-49 from the erstwhile owner, Eshwaramma. The petitioner also obtained a perpetual injunction against two of the villagers, respondents 4 and 5 herein, in O.S.No.51 of 2003 on the file of the learned Junior Civil Judge, Jadcherla, when they tried to interfere with her possession over this extent of 22 square metres. The perpetual injunction attained finality when the appeal filed by respondents 4 and 5 in CMA No.26 of 2004 on the file of the I Additional District Judge, Mahaboobnagar, was dismissed for default. The petitioner further states that her vendor, Eshwaramma, was granted permission to construct a room in the extent of 22 square metres prior to her purchase. The petitioner applied to the Keverampet Gram Panchayat for necessary permission to undertake construction in her land in accordance with the building rules prescribed in G.O.Ms.No.67 dated 26.02.2002. As no action was taken on the said application, the petitioner filed the present case. The Panchayat Secretary, Keverampet Gram Panchayat, filed his counter admitting that the petitioner had made an application seeking construction permission in respect of the subject property. He however stated that a notice was issued to the petitioner on 08.12.2009 requesting her to produce relevant documentation for showing her ownership over the extent of 22 square metres which was purchased by her from Eshwaramma. According to him, the petitioner failed to receive this notice and therefore, her application was kept pending. Sri M.Govind Reddy, learned counsel for the petitioner, however denied that his client was addressed any notice calling upon her to produce documents in support of her application. In the light of the aforestated facts, the writ petition is amenable to disposal without adjudication on merits by directing the Keverampet Gram Panchayat to address a notice afresh to the petitioner detailing the documents that are required by it for processing her application for construction permission. This notice shall be issued within two (2) weeks from the date of receipt of a copy of this order. The petitioner shall respond thereto within two (2) weeks thereafter duly supplying the necessary information sought by the Gram Panchayat. Upon receipt of such response from the petitioner, the Keverampet Gram Panchayat shall consider the petitioner’s application for construction permission in accordance with the building rules specified in G.O.Ms.No.67 dated 26.02.2002 and take a decision, duly communicating the same to the petitioner. This exercise shall be completed within fifteen (15) days from the date of receipt of the required documentation from the petitioner. The Writ Petition is disposed of with the above directions. In the circumstances of the case, there shall be no order as to costs. -------------------------- SANJAY KUMAR,J 23rd JUNE, 2011 PGS/VGSR