IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE B.CHANDRA KUMAR WRIT APPEAL NO : 643 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 29/04/2009 in WP NO : 9171 OF 2009 on the file of the High Court.) Between: 1 Jugal Kishore Agarwal, S/o. late Sri Nathmal Agarwal, R/o.H.No.8-2-684/3K 11 and 12, Kaushik Society, Banjara Hills, Road No.12, Hyderabad. 2 Jitender Kumar Agarwal, S/o. Sri Jugal Kishore Agarwal, R/o.H.No.8-2-684/3K 11 and 12, Kaushik Society, Banjara Hills, Road No.12, Hyderabad. ..... APPELLANT(S) AND 1 The District Panchayat Officer, [F.A.C.] Ranga Reddy District, Shamshabad Mandal, Shamshaad, R.R.District. 2 The Panchayat Secretary, Office of the Gram Panchayat, Shamshabad Mandal, Shamshabad.R.R.District. .....RESPONDENT(S) Counsel for the Appellant: SRI MASTHAN NAIDU CHERUKURI Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE B.CHANDRA KUMAR WRIT APPEAL NO : 643 of 2009 JUDGMENT: (per Hon’ble Smt. Justice T. Meena Kumari) The present writ appeal is preferred by the appellants aggrieved by the order, dated 29.4.2009 passed by the learned single Judge in W.P.No.9171 of 2009. The appellants, who are the writ petitioners, filed the above writ petition seeking to declare the action of the respondents in interfering with their possession of the property admeasuring Ac.2.17 guntas in Sy.No.386 situated at Shamshabad village and Mandal, Rangareddy District and in trying to demolish the same, as illegal and arbitrary and to direct the respondents not to interfere with their rights in any manner. The learned single Judge while ordering notice before admission, passed the following order: “Pending further orders, the respondents are directed not to demolish any structures erected by the petitioners and at the same time, the petitioners shall not be entitled to make further constructions.” Having aggrieved by the direction given by the learned single Judge not to make any further constructions, the present writ appeal has been filed by the writ petitioners contending that they have got ‘No objection certificate’ from the respondents for making constructions over the property in question and the learned single Judge ought to have seen that the appellants have raised funds from different persons including the banks for construction of staff quarters and that the very purpose of the construction of the houses is meant for the staff members of the appellants as social benefit. Heard the learned Counsel and perused the material available on record. A perusal of the material available on record coupled with the contentions raised on either side makes it clear that permission has been granted by the Grampanchayat and no objection certificate has been issued by the Executive Officer on 26.2.2009 for building construction. In this background of the matter and in view of the ‘no objection certificate’ issued by the Executive Officer on 26.2.2009, without expressing any opinion on the merits of the case, We feel that it is a fit case wherein the order of the learned single Judge can be modified insofar as the further constructions are concerned. Accordingly, the order of the learned single Judge is modified to the effect that the appellants-writ petitioners are entitled to proceed with the constructions in question. However, it is made clear that the said constructions shall be subject to the result in the writ petition. It is also needless to observe that the rest of the order of the learned single Judge remains undisturbed. Subject to the above modification, this writ appeal is disposed of. _________________________ Justice T. Meena Kumari __________________________ Justice B. Chandra Kumar Date:6th May, 2009 Nn/gurc. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE B.CHANDRA KUMAR WRIT APPEAL NO : 643 of 2009 (Judgment delivered by the Hon’ble Smt. Justice T. Meena Kumari) 6th May, 2009