IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition Nos.5923, 5924, 5936, 5976 & 5994 of 2008 W.P.No.5923 of 2008: Between: M. Uma Rani, w/o M. Amba Das, r/o Sulthanpur village, Patancheruvu Mandal, Medak District. ... PETITIONER AND 1. The Gram Panchayat, Sulthanpur village, Patancheruvu Mandal, Medak District, rep. by Panchayat Secretary. 2. The Gram Panchayat, Sulthanpur village, Patancheruvu Mandal, Medak District, rep by Sarpanch. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue an appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of respondents in not allowing the petitioner to proceed with the construction of house in a plot bearing No.98, to an extent of 150 sq. yards, covered by Sy.No.457/2 situated in Kasthurba Mahila Colony, Sulthanpur village, Patancheruvu Mandal, Medak District, as illegal, arbitrary and consequently direct the respondents not to interfere with the construction of house by the petitioner in the aforesaid plot and to pass such other orders. W.P.No.5924 of 2008: Between: A. Sujatha, w/o A. Gopal, r/o Sulthanpur village, Patancheruvu Mandal, Medak District. ... PETITIONER AND 1. The Gram Panchayat, Sulthanpur village, Patancheruvu Mandal, Medak District, rep. by Panchayat Secretary. 2. The Gram Panchayat, Sulthanpur Village, Patancheruvu Mandal, Medak District, rep. by Sarpanch. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue an appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of respondents in not allowing the petitioner to proceed with the construction of house in a plot bearing No.316, to an extent of 150 sq. yards covered by Sy.No.457/2 situated in Kasthurba Mahila Colony, Sulthanpur village, Patancheruvu Mandal, Medak District, as illegal, arbitrary and consequently direct the respondents not to interfere with the construction of house by the petitioner in the aforesaid plot and to pass such other orders. W.P.No.5936 of 2008: Between: N. Manga, w/o N. S. Raju, r/o Sulthanpur village, Patancheruvu Mandal, Medak District. ... PETITIONER AND 1. The Gram Panchayat, Sulthanpur Village, Patancheruvu Mandal, Medak District, rep. by Panchayat Secretary. 2. The Gram Panchayat, Sulthanpur Village, Patancheruvu Mandal, Medak District, rep. by Sarpanch. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue an appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of respondents in not allowing the petitioner to proceed with the construction of house in a Plot bearing No.121, to an extent of 150 sq. yards covered by Sy.No.457/2 situated in Kasthurba Mahila Colony, Sulthanpur village, Patancheruvu Mandal, Medak District, as illegal, arbitrary and consequently direct the respondents not to interfere with the construction of house by the petitioner in the aforesaid plot and to pass such other orders. W.P.No.5976 of 2008: Between: D. Radha, w/o Krishna Murthy, r/o Sulthanpur village, Patancheruvu Mandal, Medak District. ... PETITIONER AND 1. The Gram Panchayat, Sulthanpur village, Patancheruvu Mandal, Medak District, rep. by Panchayat Secretary. 2. The Gram Panchayat, Sulthanpur village, Patancheruvu Mandal, Medak District, rep. by Sarpanch. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue an appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of respondents in not allowing the petitioner to proceed with the construction of house in a plot bearing No.314, to an extent of 150 sq. yards, covered by Sy.No.457/2 situated in Kasthurba Mahila Colony, Sulthanpur village, Patancheruvu Mandal, Medak District, as illegal, arbitrary and consequently direct the respondents not to interfere with the construction of house by the petitioner in the aforesaid plot and to pass such other orders. W.P.No.5994 of 2008: Between: N. Varalakshmi, w/o Anjaneyulu, r/o Sulthanpur village, Patancheruvu Mandal, Medak District. ... PETITIONER AND 1. The Gram Panchayat, Sulthanpur village, Patancheruvu Mandal, Medak District, rep. by Panchayat Secretary. 2. The Gram Panchayat, Sulthanpur village, Patancheruvu Mandal, Medak District, rep. by Sarpanch. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue an appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of respondents in not allowing the petitioner to proceed with the construction of house in a plot bearing No.99, to an extent of 150 sq. yards covered by Sy.No.457/2 situated in Kasthurba Mahila Colony, Sulthanpur village, Patancheruvu Mandal, Medak District, as illegal, arbitrary and consequently direct the respondents not to interfere with the construction of house by the petitioner in the aforesaid plot and to pass such other orders. Counsel for the Petitioners: Mr. A. PRABHAKAR RAO Counsel for the Respondents: Mr. G. ELISHA (SC FOR ZPPS AND MPPS, TEL REG) The Court made the following: COMMON ORDER: - As the point involved in all these writ petitions is one and the same, these petitions are disposed of by a common order. 2. According to the petitioners, the Mandal Revenue Officer having been satisfied that the petitioners are landless poor persons and are entitled for grant of house site pattas, granted pattas in their favour in 2004. Thereafter, the petitioners approached the respondent Gram Panchayat and gave applications stating that they want to construct houses in the said sites. It is also stated that along with the said applications they have also enclosed lay out plans, patta certificates and the copies of the plans for approval. Despite the fact that such applications were made, as early as in July, 2007, respondent Gram Panchayat has not passed any orders. In view of the same, thinking that the approvals are granted, petitioners collected material and dumped the same with a view to proceed with the constructions as per the plans, which are deemed to have been approved. However, as the Gram Panchayat is interfering with the said construction activities, they approached this Court and filed these writ petitions. 3. On the last occasion, when the matters came up for admission, learned Standing Counsel appearing for the respondent Gram Panchayat requested time to get instructions. Today, learned Standing Counsel on instructions submitted that the applications were given by the petitioners, but as there was a dispute with regard to title, the authorities did not approve the plans submitted by the petitioners and did not pass any orders with regard to the same. 4. Heard Sri A. Prabhakara Rao, learned counsel for petitioners and Sri G. Elisha, learned standing counsel for respondents. 5. When once an application is given seeking permission to construct a building and the same is in accordance with the Lay Out and Building Rules made in G.O.Ms.No.67 dated 26-02-2002, the authority has to strictly adhere to sub-section (3) of Section 127 of the Andhra Panchayat Raj, Act, 1994 (for short, ‘the Act’). According to sub-section (3) of Section 127 of the Act every order of the authority competent shall be in writing and shall state the grounds on which it proceeds and further according to the proviso to the said sub-section every application for grant of licence or permission shall be disposed of within fifteen days and if no order is passed it is deemed that licence or permission is granted. 6. When looked at the cases on hand, keeping in mind the said provisions of law i.e. Section 127 of the Act and the Lay Out and Building Rules, it is clear that there is a deeming permission and the Gram Panchayat has no right whatsoever to interfere with the said construction activities. 7. Learned standing counsel, on instructions, submitted that there is a dispute with regard to title. May be it is true that there is a dispute with regard to title, but it is not for the Gram Panchayat and it is for the petitioners to decide as to whether they proceed with the said constructions in the disputed sites. So far as the permission is concerned, as stated supra, when once an application is given and the same is in accordance with the Lay Out and Building Rules as stated supra, and the same is not rejected within a period of fifteen days it shall be deemed that permission is accorded and hence, the action of the respondent Gram Panchayat can definitely be said to be contrary to the provisions of Section 127 of the Act. 8. Accordingly, all these writ petitions are allowed and the Gram Panchayat shall not interfere with the construction activities of the petitioners. However, if there is any dispute with regard to title and if the petitioners complete the constructions, they shall not take shelter at a later stage that the said constructions are pursuant to the orders made by this Court and the petitioners shall face the consequences. ________________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.31-03-2008 GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. The Panchayat Secretary, Sulthanpur Gram Panchayat, Patancheruvu Mandal, Medak District, 2. The Sarpanch, Sulthanpur Gram Panchayat, Patancheruvu Mandal, Medak District, 4. 2CCs to 5. 2CD copies Form-NIC-OGS/WP{TRT} Form-NIC-OGS/WP{RLD} Form-NIC-OGS/WP{KURR} Form-NIC-OGS/WP{TRT} Form-NIC-OGS/WP{RLD}