IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 9922 of 2009 Between: Kakarla Subba Rao /o. Suranna R/o. H.No. 1-121/1, Tungapad (V) Miryalaguda (M) Nalgonda District. ..... PETITIONER AND 1 The District Collector (Panchayat Wing) Nalgonda . 2 The District Panchayat Officer Nalgonda. 3 The Gramapanchayat Tungapad (V), Rep. by its Secretary at Tungapad (V) Miryalaguda (M) Nalgonda District. 4 M/s. Vamsi Sai Rice Industries Rep. by its Proprietor Boorgu Lingaiah S/o. Yellaiah at Premises NO. 1-121/2. Tugapad (V) Miryalaguda (M) Nalgonda 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 issue writ or direction preferably writ of Mandamus declaring the resolution NO.3 (1) dt. 6-3-2009 and consequential permission dt. 8-3-2009 issued by the respondent NO.3 in favour of respondent No. 4 for construction of Par Boiled Rice Industry in premises NO.1-121/2 in Sy. Nos. 578 and 578/AA situated at Tungapad (V) Miryalaguda (M) Nalgonda District without considering objections filed by the petitioner on 6-3-2009 and also in action on the part of the respondent No.2 in considering the representation/appeal filed by the petitioner dt. 18-3-2009 as illegal, arbitrary and violative of principles of natural justice and consequently set aside the resolution dt. 6-3-2009 as well as permission dt. 8-3-2009. Counsel for the Petitioner: MR.KOWTURU VINAYA KUMAR Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : ORDER: The petitioner claims to be a resident of Tungapad Village, Miryalaguda Mandal, Nalgonda District. He filed this writ petition aggrieved by the inaction on the part of respondents 1 to 3 herein in considering his objections along with others in regard to the proposed construction of Par Boiled Rice Mill adjacent to his house and the houses of other villagers as also granting permission on 8.3.2009. Heard the learned counsel for the petitioner, the learned Government Pleader for Panchayat Raj and the learned standing counsel for the 3rd respondent Gram Panchayat. The case of the petitioner is that the 4th respondent has applied for permission for construction of Par Boiled Rice Mill in premises No.1- 121/2 in Sy.Nos.578 and 578/AA situated at Tungapad Village, Miryalguda Mandal, Nalgonda District. As the said construction would affect them since the said site is located just 200 mts. from his house and also very near to the village, he along with the other villagers filed objections before respondent No.3 Gram Panchayat on 6.3.2009. Without considering the said objections and conducting an enquiry, permission was granted to the 4th respondent for construction of the rice mill even though a reference was made to the said objections in the impugned permission. Aggrieved by the same, the petitioner preferred a statutory appeal on 18.3.2009 before the 2nd respondent District Panchayat Officer, Nalgonda but so far no orders are passed in the said appeal and hence this writ petition. The learned Government Pleader for Panchayat Raj submits that since the appeal filed by the petitioner is still pending consideration before the 2nd respondent, instead of this Court going into the merits of the matter, the 2nd respondent may be directed to consider and dispose of the said appeal, for which the learned counsel for the petitioner also agreed. In the circumstances, without going into the merits of the matter, the 2nd respondent – District Panchayat Officer is directed to consider and dispose of the statutory appeal preferred by the petitioner on 18.3.2009, in accordance with law, after issuing notice to the 4th respondent herein, expeditiously. Accordingly, the writ petition is disposed of. N.V.RAMANA,J DT.2.6.2009 msv