VENKATESWARA RICE AND ATUKULU MILL PORANKI Vs. EXECUTIVE OFFICER PORANKI GRAM PANCHAYAT PORANKI KRISHNA DISTRICT

JUDGEMENT

(1.) 1. This application by the petitioner, under Article 226 of the Constitution, is to declare the order of the 1st respondent dated 26-3-1969 as void and illegal and to issue a writ of mandamus directing the 1st respondent to issue him a renewal licence for the year 1969-70 for running Sri Venkateswara Rice and Atukulu Mill, Poran ki, Krishna District, or in the alternative, implement the resolutions of the Gram Panchayat dated 10-3-69 and 2-5-1969.

(2.) The material facts leading to this writ petition rnay briefly be stated : The petitioner has applied on 11-12-1967 to the Gram Panchayat, Poranki in Krishna District for permission to construct a rice mill within the limits of the gram panchayat. The gram panchayat addressed the inspector of Factories who, after inspection, issued a certificate on 27-12-1967. The District Health Officer certified on 19-12-1967 approving the site. The Commissioner of Civil Supplies also permitted the construction of the Rice Mill by his order dated 27-6-68. After the receipt of the aforesaid certificates and permissions from the Inspector of Factories, District Health Officer and the Commissioner of Civil Supplies, the gram panchayat granted permission to the petitioner for construction of his rice mill. Translation of the resolution reads thus

(3.) It is hereby resolved to give the Panchayat's approval for the application of the paid Venkateswara Rice and Atukulu Mill, and to request the concerned authorities to give the required approvals in the matter. Sd I. Satyanaravana, Sarpanch, 30-7-1968 Subsequently the petitioner had constructed the rice Mill and applied on 31-1-1969 for a licence to run the Mill. The application filed by him was not rejected according to the petitioner within 30 days from the date of the receipt of the application, but according to the respondents, it was reiected on 24-2-1969.