IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION Nos.5617, 9094, 9095, 9106 and 9107, of 2008 WRIT PETITION No. 5617 of 2008 Between: K.Geetha Lakshmi W/o.V.Shyam Sunder R/o.Nagarkurnool(V)&(M) MBNR Dist ..... PETITIONER AND 1 The Dist Collector (Panchayat Wing) MBNR Dist 2 The Divisional Panchayat Officer Nagarkurnool MBNR Dist 3 The G.P Telkapally Nagarkurnool Rep.by its Sarpanch MBNR Dist .....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, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent authorities in not issuing permission for the construction pursuant to the application dt.09-11-2001 made by the petitioner in Plot No.3,7&Survey No.497 of Tekapally(V) Nagarkurnool(M) Mahabubnagar Dist as arbitrary illegal as same being violative of Article 14 and 21 of the Constitution of India and also principles of natural justice and consequently direct the respondent authorities to issue permission. WRIT PETITION No.9094 of 2008 Between: K.Uma Devi D/o.Lakshmaiah R/o.Nagarkurnool village & Mandal Mahaboobnagar District ..... PETITIONER AND 1 The District Collector, (Panchayat Wing) Mahaboobnagar 2 The Divisional Panchayat officer, Nagarkurnool, Mahaboobnagar District 3 The Gram panchayat, Telkapally,Nagarkurnool, rep.by its Sarpanch,Mahaboobnagar 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 order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent authorities in not issuing permission for the construction pursuant to the application dated 9.11.2001 made by the petitioner in plot No.6 Sy.No.497 of Telkapally village, Nagarkurnool Mandal, Mahaboobnagar District as arbitrary, illegal, as same being violative of Articles, 14 and 21 of the Constitution of India and also principles of natural justice and consequently direct the respondent authorities to issue permission. WRIT PETITION No.9095 of 2008 Between: K.Nagesh S/o.Lakshmaiah R/o.Nagarkurnool Village & Mandal, Mahabubnagar District. ..... PETITIONER AND 1 The District Collector (Panchayat Wing) Mahabubnagar. 2 The Divisional Panchayat Officer, Nagarkurnool, Mahabubnagar District. 3 The Gram Panchayat, Telkapally, Nagarkurnool, rep. by its Sarpanch, Mahabubnagar 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent authorities in not issuing permission for the construction pursuant to the application dt. 09.11.2001 made by the Petitioner in plot No.2, Survey No.497 of Telkapally village, Nagarkurnool Mandal, Mahabubnagar District, as arbitrary, illegal as same being violative of Articles 14 and 21 of the Constitution of India and also principles of natural justice and consequently direct the Respondent authorities to issue permission. WRIT PETITION No.9106 of 2008 Between: K. Raghavendra, S/o. Lakshaiah, R/o. Nagarkurnool Village & Mandal, Mahaboobnagar District. ..... PETITIONER AND 1 The District Collector, (Panchayat Wing, Mahabubnagar District. 2 The Divisional Panchayat Officer, Nargarkurnool, Mahabubnagar District. 3 The Gram Panchayat Telkapally, Nargarkurnool, Mahabubnagar 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent authorities in not issuing permission for the construction pursuant to the application dt. 09-11-2001 made by the petitioner in plot No. 5, Survey No. 497 of Telkapally Village, Nagarkurnool Mandal, Mahaboobnagar District, as arbitrary, illegal as same being violative of Articles 14 and 21 of the constitution of India and also principles of natural justice and consequently direct the respondent authorities to issue permission. WRIT PETITION No.9107 of 2008 Between: K.Srikanth S/o. Lakshmaiah R/o. Nagarkurnool Village & Mandal, Mahaboobnagar Dist. ..... PETITIONER AND 1 The District Collector, ( Panchayat Wing ), Mahaboobnagar. 2 The Divisional Panchayat Officer, Nagarkurnool, Mahaboobnagar Dist. 3 The Gram Panchayat, Telkappaly, Nagarkurnool, rep. by its Sarpanch, Mahaboobnagar Dist .....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 order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent authorities in not issuing permission for the construction pursuant to the application dt. 09-11-2001 made by the petitioner in Plot No. 4, survey No. 497 of Telkapally Village, Nagarkurnool Mandal, Mahaboobnagar District, as arbitrary, illegal, as same being violative of Article 14 and 21 of the Constitution of India and also principles of natural justice and consequently direct the Respondent authorities to issue permission. Counsel for the Petitioners: MR.A.NARASIMHA REDDY Counsel for the Respondents 1 & 2: GP FOR PANCHAYAT RAJ & RURAL DEV. (In all writ petitions) Counsel for Respondent No.3 : Sri G.Elisha (Standing Counsel) (In all writ petitions) The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION Nos.5617, 9094, 9095, 9106 and 9107, of 2008 COMMON ORDER: As the point involved in all these writ petitions is same, all these writ petitions are disposed of by this common order. All these writ petitions are filed aggrieved by the inaction of the respondents in issuing permission for construction of shops in their plots at Telkapally village of Nagarkurnool Mandal in Mahaboobnagar District, pursuant to their applications dated 09.11.2001. When these matters are taken up for hearing, the learned Standing Counsel appearing for 3rd respondent, Sri G.Elisha, submitted that these matters are covered by the judgment of this Court in W.P.No.6156 of 2002 dated 11.07.2007. Learned counsel for the petitioners also does not dispute the same. In view of the said submission, these writ petitions are allowed and the respondents are restrained from interfering with the construction of shops by the petitioners. However, it is made clear that the petitioners shall conform to the requirements; such as set backs and regulations, if any, stipulated for the area and they shall make constructions only in accordance with G.O.Ms.No.67 dated 26.02.2002 and Section 127 of the Andhra Pradesh Panchayat Raj Act, 1994. There shall be no order as to costs. ___________________________________ (JUSTICE GOPALA KRISHNA TAMADA) 2nd May 2008. Sh To 1 The Dist Collector (Panchayat Wing) MBNR District. 2 The Divisional Panchayat Officer Nagarkurnool, Mahaboobnagar District. 3 The G.P Telkapally Nagarkurnool Rep.by its Sarpanch, Mahaboobnagar District. 4 Two C.Cs to 5 Two C.D. copies.