Suriti Hariteja vs The State Of Telangana And 5 Others

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                    AND
          THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY


                   WRIT APPEAL No.92 of 2021

JUDGMENT:    (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


      The present writ appeal is arising out of an order

dated 16.12.2020 passed by the learned Single Judge in

W.P.No.22955 of 2020.

      The facts of the case reveal that the appellant before

this Court has filed the writ petition aggrieved by the

permission granted by the Marikal Gram Panchayat,

Narayanpet District, in favour of the respondent No.6 in

exercise of powers conferred under the Building Rules 2012 read with Government Order dated 28.02.2002. The appellant/writ petitioner contended before the learned Single Judge that he has filed a civil suit in the year 2017 claiming partition and as he is having interest in the suit property over which the building permission has been granted, the building permission could not have been granted by the Gram Panchayat. The learned Single Judge has closed the writ petition keeping in view Section 121 of the Telangana Panchayat Raj Act, 2018 (for short, the Act), as there is a remedy of appeal available in the matter.

Section 121 of the Act reads as under:-

"121. Appeal from the order of Gram Panchayat - (1) An appeal shall lie to the District Collector from,-

(a) any order of the Gram Panchayat granting, refusing, suspending or revoking a license or permission;

(b) any other order of the Gram Panchayat that may be made appealable by rules made under section

286."

In the considered opinion of this Court, the learned Single Judge was certainly justified in closing the writ petition, as there is an efficacious remedy available to the appellant/writ petitioner. All the grounds raised in the writ petition can be very well raised by the appellant/writ petitioner while filing the appeal. This Court does not find any reason to interfere with the order passed by the learned Single Judge. The admission is declined. The appellant/writ petitioner is certainly having a liberty to file an appropriate application for taking action under Section 114 (8) of the Act before the authorities.

The writ appeal is accordingly dismissed. The miscellaneous applications pending in this appeal, if any, shall stand closed. There shall be no order as to costs.

___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 26.10.2021 vs