HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.8563 of 2004 Date: January 20, 2011 Between: G.M. Ganga Reddy, S/o.Limbanna Aged 50 years, Occ:business, R/o.H.No.1- 20/2, Vidyanagar Perkit, Armoor, Nizamabad District and another … Petitioners And The District Panchayat Officer, Nizamabad and others … Respondents Order: In this writ petition, petitioner has questioned proceedings No.127/2004-B6(Pts), dated 15-04-2004, issued by the first respondent, District Panchayat Officer, Nizamabad. By the aforesaid proceedings, permission granted by the Gram Panchayat, Armoor, in favour of the second petitioner vide File No.461/2002, dated 19-10- 2002, for construction of mulgies (Shops), is cancelled. In the affidavit filed in support of the writ petition, it is stated that the late father of the first petitioner, Sri Limbanna, purchased a vacant site in Sy.No.433/4, situated at Armoor village, Nizamabad District and constructed mulgies and a shed therein in the year 1986 after obtaining permission from the Gram Panchayat, which has assigned H.No.3-2-106/6. It is stated that subsequently, the father of the first petitioner executed will deed dated 27-10-2000 and as per the terms thereof, the aforesaid property devolved on the son of the first petitioner, i.e. the second petitioner herein. It is further stated that the second petitioner, with intent to construct two mulgies in the said land applied to the Gram Panchayat and the Gram Panchayat granted permission in his favour on 19-10- 2002 and later renewed the same upto 18-10-2004, on his application. Aggrieved of granting of permission to the second respondent, it appears, the Joint Director of Agriculture, Nizamabad addressed letter dated 03-02- 2004 to the District Panchayat Officer alleging that the Agriculture Department has its own godown in Ac.1.00 guntas of land in Sy.No.433/3 and shopping rooms are being constructed on the entrance passage area of the said godown, showing the passage in the plan as 40-feet road and requested to initiate necessary action. The District Panchayat Officer, Nizamabad, by the impugned proceedings, treating letter dated 03-02-2004 of the Joint Director of Agriculture as an appeal, ordered cancellation of permission granted by the Gram Panchayat. It is the case of the petitioners that in the land which was sold to the Agriculture Department by its earlier owner, the road was not transferred to the Agriculture Department; as such, there cannot be any objection if shops are constructed thereon. It is also the case of the petitioners that, against grant of permission by the Gram Panchayat, pursuant to a resolution passed by it, no appeal is maintainable to the District Panchayat Officer. In support of the case of the petitioners, reliance is placed on an order passed by a Division Bench of this Court in Aljapur Ganga Mohan v. District Panchayat Officer, Nizambad[1]. At the stage of admission, this court, referring to the said order passed by the Division Bench, suspended the impugned proceedings and the said order of suspension continued all-along. Although the writ petition of the year 2004, no counter affidavit is filed by any of the respondents and there is also no representation on their behalf. Heard learned counsel for petitioner and perused a copy of the order passed by the Division Bench referred above. In the aforesaid order, it is held by the Division Bench that if the Gram Panchayat grants permission pursuant to its resolution, no appeal lies to the District Panchayat Officer under Section 128 of the Gram Panchayat Act, 1994. In view of the ratio laid down by the Division Bench, the appeal entertained by the first respondent against the permission granted in favour of the petitioners is not maintainable. In that view of the matter and in absence of any counter-affidavit on behalf of the respondents refuting the case of the petitioner, proceedings No.127/2004-B6 (Pts), dated 15-04-2004, issued by the first respondent, District Panchayat Officer, Nizamabad, are liable to be set-aside and are accordingly set-aside. Writ petition is allowed. No order as to costs. _____________________ (R. SUBHASH REDDY, J) January 20, 2011 MRR [1]2002 (3) ALD 163(DB)