IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No.26977 of 2008 Between: M/s. Sree Nettekanti Anjaneya Industries rep. by its Prop. Challa Anjaneyulu, S/o. C. Tirupala R/o. Gooty Road, Peapully Village and Mandal, Kurnool District. ..... PETITIONER AND 1 Government of Andhra Pradesh, rep. By its General Manager, District Industries Centre, Industries Department, Kurnool. 2 The Executive Officer / Panchayat Secretary, Peapully, Kurnool District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned notice Roc.No.BA/2008 dt. 29.09.2008 issued by the 2nd respondents herein directing the petitioner to stop the activities without passing any orders on the representation dt. 15.9.2008 as illegal, arbitrary, improper and consequently set aside the same by permitting the petitioner to run the said unit and further direct the 2nd respondent herein to place the representation dt. 15.9.2008 before the General Body Meeting and to accord permission immediately, and to grant such other relief or reliefs Counsel for the Petitioner:MR.A.JAYA SANKARA REDDY Counsel for the Respondent No.: CH.VEDAVANI(SC FOR MPP AND ZPP,RAYALASEEMA) THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No.26977 of 2008 ORDER: Heard Sri A.Jaya Sankara Reddy, learned counsel for the petitioner and Smt Ch.Veda Vani, learned standing counsel appearing for the second respondent, and with their consent, the writ petition is disposed of at the admission stage. The order impugned in the writ petition is the proceedings of the Executive Officer, Peapully Gram Panchayat, dated 29-09- 2008, wherein the petitioner was informed that they were running a stone crushing machine without the permission of the Gram Panchayat and that they should stop running the crushing machine. Petitioner would contend that the Gram Panchayat had earlier granted permission to establish a unit, despite which, they were now been directed, vide the impugned proceedings dated 29.09.2008, to desist from operating the unit. This Court ordered notice before admission on 11-12-2008. Smt Ch.Veda Vani, learned standing counsel appearing for the second respondent, would submit, on instructions, that the permission granted earlier to the petitioner was only for running a plastic unit and that the petitioner, without the permission of the Gram Panchayat, had been using the said unit for the purpose of stone crushing. Learned standing counsel would state that, without the permission of the gram panchayat, the petitioner was not entitled to carry on the business of stone crushing in the unit at which the gram panchayat had earlier granted permission only for a plastic unit to be operated. Sri A.Jaya Sankara Reddy, learned counsel for the petitioner, would submit that, in any event, the petitioner has already submitted an application seeking permission of the gram panchayat and that, with a view to avoid further delay, it would suffice if this Court were to direct the gram panchayat to consider the application of the petitioner, in accordance with law, and pass appropriate orders thereupon, within a specified period. Smt Ch.Veda Vani, learned standing counsel appearing for the second respondent, would submit that no such application has been made by the petitioner. It is wholly unnecessary for this Court to examine this controversy. It would suffice if this Court were to direct the petitioner to submit an application within a period of one week from the date of receipt of a copy of this order and the second respondent is directed to consider the said application in accordance with law within 30 days from the date of receipt of the application. There shall be a direction accordingly. The writ petition stands disposed of accordingly. No order as to costs. ____________________________ RAMESH RANGANATHAN,J Dt:18.12.2008 usd