THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.6710 OF 2007 DATED 10th MARCH, 2011 Between: Juluri Kondaiah and others … Petitioners a n d The District Panchayat Officer, Mahabubnagar, Mahabubnagar Dist, And another. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.6710 OF 2007 O R D E R Disputes between the petitioners and the second respondent over an open plot of land in Sy.No.59 of Kalwakurthy Town, Mahabubnagar District, lend impetus to the present litigation. The petitioners claim to have obtained construction permission from the Gram Panchayat, Kalwakurthy, in respect of the subject land. However, as the second respondent also obtained permission from the Gram Panchayat, Kalwakurthy, on 09.02.2007 for construction of a house over the very same subject land, the petitioners filed an appeal against the same, numbered as A3/438/07 on the file of the District Panchayat Officer, Mahabubnagar. The petitioners also instituted a civil suit in O.S.No.69 of 2007 on the file of the Junior Civil Judge, Kalwakurthy, against the second respondent for a perpetual injunction not to interfere with their possession over the subject land. Taking note of the pendency of the said suit, the District Panchayat Officer, Mahabubnagar, by Memo dated 12.03.2007 rejected the petitioners’ appeal. Hence, this writ petition. This Court, by order dated 15.09.2008, directed status quo obtaining as on that date to be maintained as regards construction in pursuance of the impugned plan. Relevant to note, an appeal to the District Panchayat Officer under Section 128(2) of the Andhra Pradesh Panchayat Raj Act, 1994 would only lie against an appellate decision of the Gram Panchayat. The District Panchayat Officer would not have jurisdiction to entertain an appeal against the resolution or order of the Gram Panchayat [GRAM PANCHAYAT, SIDHANTAM, PENUGONDA MANDAL V/s. DISTRICT PANCHAYAT OFFICER, ELURU[1]]. That being so, the appeal by the petitioners before the District Panchayat Officer, Mahabubnagar, filed against the resolution of the Gram Panchayat to grant building permission to the second respondent, was itself not maintainable. Irrespective of the reason for rejection of the said appeal, the very entertainment of the appeal by the District Panchayat Officer, Mahabubnagar, was legally unsustainable. Therefore, no interference is warranted by this Court with the Memo under challenge. The writ petition is accordingly dismissed. The status quo order dated 15.09.2008 shall stand vacated. It is however made clear that neither the dismissal of the appeal nor the dismissal of this writ petition shall have any effect or bearing upon the adjudication of the suit in O.S.No.69 of 2007 on the file of the Junior Civil Judge, Kalwakurthy, which shall dealt with on its own merits. No order as to costs. --------------------------- SANJAY KUMAR,J 10TH MARCH, 2011 PGS/VGSR ( 42 ) THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.6710 OF 2007 10th MARCH, 2011 [1] (2009) 1 ALD 465