IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND FIVE P R E S E N T THE HON'BLE MR JUSTICE ELIPE DHARMA RAO WRIT PETITION NO.14576 of 2005 Between: Razole Taluka Ambedkar Yuvajana Sangam, Tatipaka, East Godavari District, Represented by its Secretary Balla Satyanarayana, aged 30 years, Residing at Nagaram, E.G. District. ..... PETITIONER A N D The Panchayat Secretary, Mamidikuduru Panchayath, Mamikuduru, East Godavari District. .....RESPONDENT 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 Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent herein in not taking any steps for approval of the building plan for the proposed construction of Dr. B.R. Ambedkar Community Hall on the left side of Kakinada - Amalapuram - Narasapuram Ferry Road at KM 66/10 behind the RTC Bus Shelter in R.S.No. 110/1 of Mamidikuduru Village and Mandal, East Godavari District, as illegal, improper, unjust and contrary to law and consequently direct the respondent herein to approve the said building plan. Counsel for the Petitioner: MR.B.THIMOTHI Counsel for the Respondent: MR.M.PRABHAKARA RAO The Court at the stage of admission made the following: (order follows 2nd page) O R D E R : This writ petition is filed to declare the action of the respondent in not taking any steps for approval of the building plan for the proposed construction of DR.B.R.Ambedkar Community Hall on the left side of Kakinada-Amalapuram- Narsapuram Ferry Road at KM 66/10 behind the RTC bus shelter in RS.No.110/1 of Mamidikuduru village and Mandal of East Godavari district and consequently direct the respondent to approve the said building plan. The petitioner-sangam; namely, Razole Taluka Ambedkar Yuvajana Sangam, Tatipaka, East Godavari district was established in the year 1982 with Regdn.No.208/1982 with laudable object of Promotion and Development of Social and Cultural Activities among the youth belonging to SC & ST Communities and it is represented by its Secretary, Mr.B.Satyanarayana. The petitioner sangam submits that the Founder President has made a representation on 19-12-1994 to the Executive Engineer (R&B) Amalapuram for construction of Dr.B.R.Ambedkar Community Hall in the vacant place belongs to R & B Department, behind APSRTC bus shelter at Mamidikuduru village. The Executive Engineer (R&B) Department, Amalapuram through Lr.No.814/D1/79, dated 18-2-1995 accorded permission for the above proposed construction. The petitioner sangam submits that it has made a representation on 07-10-2002 along with order copy of Executive Engineer, R & B, Amalapuram, site plan alongwith proposed building plan with blue prints to the respondent for approval of the plan. But the respondent has not taken any steps for its approval. Further the respondent has not placed the matter in any of the Panchayat meets, therefore, the petitioner sangam issued legal notice to the respondent on 7-1-2003 and 05-2-2003 but there is no response from the respondent. When the respondent has not passed any order for approval of the plan, the present writ petition is filed. After hearing the learned counsel for the petitioner as well as the counsel for the respondent, it appears that the petitioner-sangam made a representation on 19-12- 1994 to the Executive Engineer (R&B) Amalapuram for construction of Dr.B.R.Ambedkar Community Hall in the vacant place belongs to R & B Department, behind APSRTC bus shelter at Mamidikuduru village. Thereupon, the Executive Engineer (R&B) Department, Amalapuram through Lr.No.814/D1/79, dated 18-2- 1995 accorded permission for the proposed construction. The only thing is that the Gram Panchayat has to pass formal order of approval of the petitioner-sangam’s plan. Since 19-12-2004, for the reasons best known, the respondent has not considered the representation filed by the petitioner-sangam till this day. Considering the facts and circumstances of the case, I deem it appropriate to dispose of the main writ petition with a direction to the respondent to consider and dispose of the representation dated 19-12-1994 filed by the petitioner within a period of four weeks, from the date of receipt of a copy of this order, on merits and in accordance with law after affording reasonable opportunity of hearing the petitioner- sangam. With the above direction, the writ petition is disposed of at the admission stage. No costs. JULY 07th, 2005. ------------------------------- I S L. ELIPE DHARMA RAO, J. To 1 The Panchayat Secretary, Mamidikuduru Panchayath, Mamikuduru, East Godavari District. 2 1 CC to MR.B.THIMOTHI 3 Two CD Copies. 4 1 CC to MR.M.PRABHAKARA RAO, Counsel for the Respondent, High Court Buildings, High Court of AP Hyderabad.