IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.9485 of 2008 Between: 1 Bandi Man Mohan Reddy @ Vasu S/o.Laxmi Narsimha REddy R/o.H.No.5-11-27, Naim Nagar, Hanamkonda Town. 2 K.C.Raju S/o.Cosuelions R/o.H.No.14-7-169, Mandi Bazar, Warangal. 3 K.Nagaraju S/o.Chandramouli R/o.H.No.16-4-677, Dayanand Colony (Shivanagar) Warangal. ..... PETITIONERS AND 1 The District Collector (Panchayat Raj) Warangal, Warangal District. 2 The District Panchayat Officer, Warangal, Warangal District. 3 The Sarpanch, Gram Panchayath Mahabubabad, Warangal, Warangal District. 4 The Gram Panchayath Mahabubabad, Warangal District, rep. by its Panchayath Secretary, Mahabubabad. 5 The Town Planning Officer, KUDA Complex, Hanamkonda, Warangal District. 6 Nookala Pratap Reddy S/o.Chenna Reddy R/o.Loosiyana, USA, Rep. by its GPA Holder, N.Srinivas Reddy S/o. Chennai Reddy, aged about 65 yrs. Occ: Agriculture R/o. Aga Pete Village Narsimhulapet Mandal, Warangal 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 may be pleased to issue a writ or order more particularly one in the nature of Writ of Mandamus by declaring the impugned action of the respondent No.4 and 5 in sanctioning layout in favour of the 6th respondent in Sy.Nos. 259, 268, 269, 270, 271, 274/1, 288, 289, 298, 299 to an extent of Ac. 16.00 situated atMahabubbad Village and Mandal, Warangal District pursuant to the application filed by the 6th respondent, as illegal, arbitrary, void ab initio, contrary to the Article 14, 21 and 300-A of the Constitution of India and consequently directing the respondents No.1 to 5 forebear from issuing the layout in Sy.Nos. 259, 268, 269, 270, 271, 274/1, 288, 289, 298, 299 to an extent of Ac. 16.00 situated atMahabubbad Village and Mandal, Warangal District in favour of the 6th respondent and pass such other order or orders. Counsel for the Petitionera:MR.A.RAVINDER Counsel for the Respondent Nos.1 to 4: G.ELISHA( SC FOR ZPPS AND MPPS,TEL REG) Counsel for the Respondent No.5 : GP FOR MUNICIPAL ADMINISTRATION Counsel for the Respondent No.6 : - NONE - The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.9485 of 2008 ORDER: Petitioners state that they purchased the land to an extent of Ac.1.16 cents in Sy.No.269 of Mahabubabad village in Warangal District, under a registered sale deed vide document No.1721 of 2008 dated 16.04.2008, from the legal heirs of Srinivasachari and Seshachari, represented by their General Power of Attorney Holders Allam Nagaraju and B.Ramesh. Originally, the said land belonged to Baghavathula Srinivasachari and Bhaghavathula Seshachari. After their death, their legal heirs inherited the said property and were in possession and enjoyment of the same. Subsequent to the purchase, petitioners gave applications to the revenue authorities to mutate their names in the revenue records. While the request of the petitioner was pending, the 6th respondent, claiming that he purchased the land in question from B.Venkatacharlu and B.Venugopalacharlu under a simple sale deed dated 04.04.1987, submitted an application to the Gram Panchayat for sanction of layout in an extent of Acs.16.00 covered by various survey numbers, including the land in question. Pursuant thereto, the 4th respondent-Gram Panchayat affixed a notice on the notice board inviting objections for sanction of the said layout. Coming to know of the same, petitioners filed their objections on 17.04.2008. Thereafter, on 18.04.2008, the 4th respondent issued a notice to the 1st petitioner stating that the 6th respondent filed a sale deed dated 04.04.1987, along with the application for sanction of lay out plan and it was validated and, necessary action will be taken in the matter. Now, apprehending that the respondent-authorities may accord sanction or approval to the said layout, petitioners filed this writ petition. Heard the learned counsel for the petitioners, learned Assistant Government Pleader for Panchayat Raj, learned Assistant Government Pleader for Municipal Administration and the learned Standing Counsel for respondents 3 and 4. From the facts it is clear that only on an apprehension the petitioners approached this Court. In fact, the 4th respondent-Gram Panchayat has not yet decided the issue, and in the notice dated 18.04.2008 issued to the 1st petitioner also it is stated that necessary action will be taken. Hence, petitioners cannot make any complaint that they are not put on notice. If the petitioners so choose, they may approach the 4th respondent and ventilate their grievance stating that the 6th respondent has no right, whatsoever, in respect of the land in question and on the other hand, they have title over the same. It is also open to the petitioners to agitate before the 4th respondent with regard to their application for mutation of their names in the revenue records in respect of the land in question. For the foregoing reasons, the writ petition is disposed of directing the 4th respondent to hear the objections of the petitioners and look into the documentary evidence filed by them, before passing any orders with regard to approval of layout in favour of the 6th respondent. As this Court only directed the Gram Panchayat to consider the objections and also the documents filed by the parties, this Court feels that the presence of the 6th respondent is not required. Hence, notice to the 6th respondent is dispensed with. Accordingly, the writ petition is disposed of, at the stage of admission. There shall be no order as to costs. __________ 28.04.2008 sh To 1 The District Collector (Panchayat Raj), Warangal, Warangal District. 2 The District Panchayat Officer, Warangal, Warangal District. 3 The Sarpanch, Gram Panchayath Mahabubabad, Warangal, Warangal District. 4 The Panchayat Secretary, Mahabubabad Gram Panchayat, Mahabubabad, Warangal District. 5 The Town Planning Officer, KUDA Complex, Hanamkonda, Warangal District. 6 Two C.Cs to 7 Two C.D. copies.