POLAMPALLI KRISHNA MURTHY Vs. DISTRICT PANCHAYAT OFFICER

JUDGEMENT

(1.) In this Writ Petition, the petitioner seeks to question the validity of an order dated 6-7-1995 passed by the District Panchayat Officer, Adilabad District, the first respondent herein and the consequential order dated 17-7-1995 issued by the Executive Officer, Asifabad Gram Panchayat, the second respondent herein, directing the petitioner to stop the house construction work being carried on by the petitioner till the disposal of the appeal/ revision petition filed by respondents 3 and 4 before the District Panchayat Officer. The facts leading to the writ petition may be stated briefly.

(2.) The petitioner claims to be the absolute owner and possessor of the house bearing No. 6-140 situated at Asifabad, Adilabad. According to him, he purchased the vacant plot of land from one Noorjahan Begum under a registered sale deed dated 9-5-1977 and constructed the house bearing No. 6-140 therein the year 1985 after obtaining permission from the local Gram Panchayat. With a view to make some further constructions in the said land by extending the existing ground floor and by putting up a first floor on the same, the petitioner applied to the Gram Panchayat for permission in the year 1995. It is claimed that after calling for objections, permission was granted to the petitioner by proceedings dated 4-4-1995 issued by the Executive Officer ofthe Gram Panchayat i.e., the second respondent herein. After obtaining the said permission, the writ petitioner started making further constructions. Respondents 3 and 4 herein filed an appeal/revision petition before the District Panchayat Officer(first respondent) questioning the grant of permission to the petitioner by the Executive Officer on the ground that the property in question is their joint family property and it was acquired with joint family funds and as such they are also entitled for a share therein and the petitioner has no right to make any constructions without their consent. Entertaining the said petition filed by respondents 3 and 4, the first respondent passed the impugned order dated 6-7-1995 granting interim stay ofthe operation of the order of the Executive Officer pending disposal of the appeal/revision petition. Basing on the said order passed by the first respondent, the second respondent issued the consequential order dated 17-7-1995 directing the petitioner to stop the construction work forth with till the appeal/revision filed by respondents 3 and 4 is finalised.

(3.) Questioning the said orders dated 6-7-1995 and 17-7-1995 the petitioner has filed the present writ petition contending that against the order passed by the Executive Officer of the Gram Panchayat, an appeal lies to the Gram Panchayat under Section 126, of the A.P.Panehayatraj Act, 1994 and as such the appeal/revision filed by respondents 3 and 4 before the first respondent is incompetent and the impugned order dated 6-7-1995 passed by the first respondent is illegal and without jurisdiction.