THE HON’BLE MR JUSTICE L. NARASIMHA REDDY W.P.No.29351 of 2009 ORDER: There is a dispute between the petitioner, on the one hand, and the 3rd respondent, on the other hand, as regards the right to perform ceremonies at Darga of Sd.Baba Fakruddin, Penukonda, Anantapur District, and maintenance thereof. The petitioner feels aggrieved by the permission accorded by the Grampanchayat, Penukonda, the 2nd respondent herein, in favour of the 3rd respondent, to make construction in the Darga. It is stated that a civil dispute is pending in the form of Second Appeal.646 of 2002, before this Court, and despite the same, the construction is being undertaken. Heard the learned counsel for the petitioner, and learned Government Pleader for Panchayat Raj. The 3rd respondent filed O.S.No.153 of 1994 in the Court of Junior Civil Judge, Penukonda, against the petitioner and certain others, for the relief of declaration of his exclusive right, to perform the ceremonies. The suit was decreed on 25-09-2000, and A.S.No.5 of 2001, filed by the petitioner, in the Court of Senior Civil Judge, Penukonda, was dismissed. Thereupon, the petitioner filed Second Appeal No.646 of 2002, before this Court, and it is pending. The cause of action for the petitioner to file this writ petition is, grant of building permission by the 2nd respondent in favour of the 3rd respondent. The subject-matter of Second Appeal is comprehensive enough, since it arose out of a suit for declaration of right. The petitioner filed a miscellaneous petition in the second appeal. The mere fact that 2nd respondent is not a party to the second appeal, cannot be a ground for him to file an independent writ petition. Further, the ground on which the permission is challenged, is mainly based upon the title dispute. This Court is of the view that the petitioner can seek necessary remedy in the second appeal. Hence, the writ petition is disposed of, leaving it open to the petitioner to file a miscellaneous petition in Second Appeal No.646 of 2002, for necessary relief. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.01-02-2010. KO