Kamma Lenin Babu v. The State Of Andhra Pradesh Rep. By Its Principal Secretary

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.446 of 2016 06.01.2016 Between:

Kamma Lenin Babu .. Petitioner and The State of Andhra Pradesh, represented by its Principal Secretary, Panchayat Raj and Rural Development Department, Hyderabad and others .. Respondents Counsel for the petitioner: Mr.K.Chidambaram Counsel for respondent No.1: Assistant Government Pleader for Panchayat Raj and Rural Development (AP) Counsel for respondent Nos.2 and 3:- The Court made the following:

ORDER:

This writ petition is filed for a mandamus to set aside order, dated 10.12.2015, of respondent No.3, whereby he has returned the application filed by the petitioner for building permission. At the hearing, Mr.K.Chidambaram, learned counsel for the petitioner, has not disputed that against the impugned order, his client has the right of appeal to Gram Panchayat under Section 128(1) of the Andhra Pradesh Panchayat Raj Act, 1994.

In view of availability of the aforementioned alternative remedy, I am not inclined to entertain this writ petition for adjudication on merits.

The Writ Petition is, accordingly, dismissed, with liberty to the petitioner to file an appeal before respondent No.2. If such an appeal is filed, the said respondent shall dispose of the same expeditiously. As a sequel to disposal of the writ petition, W.P.M.P.No.555 of 2016 filed by the petitioner for interim relief shall stand dismissed as infructuous.

______________________________ C.V.NAGARJUNA REDDY, J 06th January, 2016 GHN