GANNA SARVAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners are the owners of 658.42 sq. yards Of land in Kodad Gram Panchayat. THEy submitted an application to the Grampanchayat, Kodad, the 2nd respondent herein, with a request to accord permission to construct a building with ground and two upper floors. Permission was accorded on 15.12.2008.

(2.) The Secretary of the Grampanchayat issued proceedings dated 30.10.2009 to the petitioners, stating that on receiving objections from the neighbours of the petitioners, the Grampanchayat held emergency meeting on 26.10.2009 and resolved to send proposals to the District Collector, for cancellation of the permission accorded to the petitioners. He directed the petitioners not to proceed with the construction, till the District Collector issues any directions, in this regard. THE petitioners assail the said proceedings. THEy contend that the Grampanchayat has no jurisdiction to send proposals to the District Collector, to cancel its own permission. It is also their case that, as long as the permission is intact, the respondents 1 and 2 cannot stop the construction, being undertaken by the petitioners.

(3.) Sri N. Subba Reddy, learned Counsel for the petitioners, submits that the order impugned in this writ petition is without jurisdiction. He contends that it is only the Government, on its own accord, or on a reference made by the Executive Officer of the Grampanchayat, that can initiate action under Section 246 of the A.P. Panchayat Raj Act, 1994 (for short 'the Act'), for cancellation of the resolution passed by the Grampanchayat, and that the steps initiated in the instant case are contrary to law. He further contends that the Grampanchayat has no power to direct stoppage of construction, even where the proceedings under Section 246 of the Act are validly initiated.