THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.3590 of 2021
JUDGMENT:-
1. Heard Sri D.Anil Kumar, learned counsel for the
petitioner and learned Government Pleader for Municipal
Administration for the respondent Nos.1 to 4 and Sri G.Naresh
Kumar, learned counsel, representing Sri M.Manohar Reddy, learned Standing Counsel for the respondent No.5, Eluru Municipal Corporation.
2. With the consent of the parties counsels, the writ petition is being disposed of finally at this stage.
3. This writ petition under Article 226 of the Constitution of India has been filed for the following relief:-
"For the reasons stated above, it is therefore prayed that this Hon'ble Court may be pleased to issue Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring that the inaction of the Respondent No.4 in granting/renewal of building permission for construction of house in vacant house site bearing R.S.No.20/1 admeasuring 99.0 square yards out of Ac.04.70 cents situated Gavaravaram village in Sanivarapupet Gram Panchayat, Eluru Mandal, West Godavari District (herein after called as subject matter land) with an intention of political rivalry and he is used to visit the subject matter land frequently in view of harass 2 me without any tenable reason and thereby refused to grant permission for building construction of house is illegal, irregular, arbitrary and Violation of provisions of Article-14 and 21 and Section 123, 127 (3) (6) of the A.P.Panchayat Raj Act, 1994 and also offends various rights and protections guaranteed under the Constitution of India and I am seeking consequential direction to the Respondents to grant permission/renewal for building construction of house on the subject matter land within one month and to pass such other order or orders are deemed fit and proper in the circumstances of the case."
5. Learned counsel for the petitioner submits that initially the permission for construction on the site in question was granted by the Gram Panchayat, respondent No.4 and some construction was raised by the petitioner's vendor from whom the petitioner purchased the property vide sale deed dated 26.06.2019. The construction was not completed and the period under the building permission also expired. Consequently, the petitioner applied for grant of fresh permission for construction before the respondent No.4, but during pendency of the petitioner's application, the concerned area came under the limits of the Municipal Corporation for which the Eluru Municipal Corporation, respondent No.5 was constituted. The petitioner's application is still pending and has 3 not been finally considered and decided by the respondent No.5, the Eluru Municipal Corporation.
6. Sri G.Naresh Kumar, learned counsel submits that after merger of the Panchayat in the Municipal Corporation, the petitioner's application which was pending before the Gram Panchayat shall now be considered by the Corporation, in accordance with law, within a period of six (06) weeks from the date of copy of this order along with fresh copy of the same application is submitted before the said respondent.
7. Accordingly, in view of the aforesaid, the writ petition is disposed of with a direction to the respondent No.5 to consider and decide the petitioner's application dated 11.12.2020, Ex.P4 to this writ petition, in accordance with law, within a period of six (06) weeks from the date the petitioner resubmits the same application along with copy of this order before the respondent No.5. If some formality is required to be completed on the part of the petitioner, the respondent No.5 shall communicate the same to the petitioner.
8. The writ petition is being disposed of finally with the above observations and directions.
4
No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed.
__________________________ RAVI NATH TILHARI,J Date: 13.10.2022 SCS FFFFFFFFFHGHHHHHHHHHHGGGGGGGFFFKKKKKKKKKK KKKKJJJJJKFDASDFKKKKLKKLHGGGFFFFFFFDSSSSSGG GGGGGGHHHHHGHFSDAFSDAHLFJHSDFJASD 5 THE HON'BLE SRI JUSTICE RAVI NATH TILHARI 36 WRIT PETITION No.3590 of 2021 Date: 13.10.2022 Scs