SUNANDAMMA Vs. EXECUTIVE OFFICER SECRETARY GRAM PANCHAYAT

JUDGEMENT

(1.) This Court ordered notice before admission on 8-9-2006. Sri Upender Reddy had taken notice on behalf of R.1. Learned A.G.P. for Panchayat Raj had taken notice on behalf of R.2 and both the Counsel requested time to file counter affidavits. The Counsel for petitioner was permitted to take out notices to R.3, R.4 and R.5 and the respondents 3, 4 and 5 are served. Sri K.Govind had entered appearance and filed counter affidavit.

(2.) The Writ Petition is filed for a Writ of Mandamus declaring the action of R.1 in granting permission No.89 of 2005 dated 31-12-2005 to the respondent Nos.3 to 5 for construction of the multi-storied building without leaving any setback in contrary to Rule 20(2) of the Andhra Pradesh Gram Panchayat Land Development (Lay Out and Building) Rules, 2002 and thus has the effect of violation of fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently to set aside the permission No.89 of 2005 dt.31-12-2005 issued by the 1st respondent and pass such other suitable orders.

(3.) Sri Upender Reddy representing R.1 on instructions had stated before this Court that there are no deviations at all and even otherwise the appeal would lie to Gram Panchayat and from the said order, the further Second Appeal alone would lie to the District Panchayat Officer and hence, the appeal said to have been filed before the District Panchayat Officer - the 2nd respondent itself is incompetent. The learned A.G.P. for Panchayat Raj also had taken the same stand and had drawn the attention of this Court to Section 128 of the Andhra Pradesh Panchayat Raj Act 1994 (hereinafter, in short, referred to as 'Act' for the purpose of convenience).