Y Jagath Reddy vs Y Jayasimha Reddy
2022 Latest Caselaw 3890 Tel

  THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN

                               AND

 THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

                 WRIT APPEAL No.437 of 2022


JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)


      Heard Mr. G.U.R.C.Prasad, learned counsel for the

appellant; Ms. G.Jyothi Kiran, learned Government Pleader

for Panchayat Raj for respondent Nos.3, 5 & 6; Mr. Parsa

Ananth Nageshwar Rao, learned Special Government

Pleader for Revenue for respondent No.4; and

Mr. G.Narender Reddy, learned Standing Counsel for

respondent No.7.

2. This intra-court appeal has been filed assailing

the legality and validity of the interim order passed by the

learned Single Judge dated 22.07.2021 in I.A.No.1 of 2021

in W.P.No.16457 of 2021.

3. The related writ petition has been filed by

respondent Nos.1 & 2 as the petitioners complaining that 2 HCJ & SNJ W.A.No.437 of 2022

appellant (respondent No.6 in the writ petition) was making

constructions without permission from the Gram

Panchayat. Further complaint is that such unauthorized

construction was on public road. Learned Single Judge

passed the following order on 22.07.2021:

"It is the case of the petitioner that the unofficial respondent is making unauthorized construction on public road and in support of his claim, he has filed proof of photographs which clearly shows that the pillars have been erected.

Learned standing counsel for the Grampanchayat, upon instructions, submitted that they have already taken steps and issued notice and in pursuance thereof, construction is stopped.

In view of the above submission, there shall be an interim direction as prayed for."

4. Learned counsel for the appellant submits that

on the basis of the interim direction, a portion of the

construction made by the appellant has been demolished.

His contention is that his request for building permission

was granted by the Gram Panchayat whereafter he had

made the construction.

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                                              W.A.No.437 of 2022




     5.    However,     Mr.      G.Narender   Reddy,   learned

Standing Counsel for the Gram Panchayat i.e., respondent

No.7 submits that though a resolution was passed by the

Gram Panchayat on 31.05.2021 to allow the appellant to

make construction, no building permission as such has

been granted to the appellant by the concerned authority of

the Gram Panchayat on the basis of any layout plan

submitted by the appellant.

6. Since the related writ petition is pending before

the learned Single Judge, we are not inclined to enter into

the merit of the dispute. It is for the learned Single Judge to

take a decision one way or the other.

7. Therefore, we request learned Single Judge to

hear and decide W.P.No.16457 of 2021 expeditiously. Till

disposal of W.P.No.16457 of 2021, parties shall maintain

status quo in respect of building construction.

8. This disposes of the Writ Appeal. However, there

shall be no order as to costs.

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                                             W.A.No.437 of 2022

9. As a sequel, miscellaneous applications pending,

if any, in the Writ Appeal, shall stand closed.

_________________________ UJJAL BHUYAN, CJ

_________________________ SUREPALLI NANDA, J

Date: 26.07.2022 KL