ANUDEEP Vs. DISTRICT COLLECTOR MAHABOOBNAGAR

JUDGEMENT

(1.) The petitioner purchased a plot of land in Sy.No.497, Telkapalli Village, Mahaboobnagar District, in the year 2001. Thereafter, he submitted an application on 9.11.2001 to the 3rd respondent-the Gram Panchayat, under Section 127 of the Andhra Pradesh Panchayat Raj Act, 1994 (for short 'the Act'), with a request to grant permission to construct a shop in the plot. The permission was neither granted nor rejected by the 3rd respondent. Thereupon, the petitioner got issued a notice dated 19.3.2002 to the 3rd respondent, expressing his intention to proceed with the construction, and accordingly started the same. When the construction was half way through, the 3rd respondent attempted to stop it. Petitioner seeks a writ of Mandamus, to declare the action of the respondents in interfering with the construction undertaken by him, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India.

(2.) The petitioner alleges that by operation of law, the permission is deemed to have been granted and in that view of the matter there was absolutely no basis for the 3rd respondent to interfere with the construction.

(3.) The 3rd respondent filed counter affidavit, wherein it is admitted that the petitioner submitted an application on 9.11.2001 with a request to grant permission to construct the shop. It is, however, stated that parallel claims were made as regards the same plot by others and in that view of the matter, the permission could not be granted. It is stated that the petitioner was proceeding with the construction, in the absence of any specific permission and it was accordingly stopped.