M.Shiva Kumar, v. State Of Telangana,

THE HONOURABLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON NO.5265 OF 2019

O R D E R

The prayer of the petitioner in this case reads as under: 'For the reasons stated in the accompanying affidavit, the Petitioner herein prays that this Hon'ble Court may be pleased to issue an Order, Direction or Writ more particularly one in the nature of Writ of Mandamus, declaring the proceedings/order bearing NO. GPP/4/2018, dated 21-8-2018, passed by the 3rd Respondent herein, rejecting the request for grant of permission for construction of building for providing accommodation to the temple purohiths and watchmen etc., in and over the temple premises, situated at Palakurthy Village and Mandal, Jangoan District, as illegal, arbitrary, unjust, unreasonable and opposed to the Principles of Natural Justice besides contrary to the provisions of the Telangana Panchayat Raj Act, 2018, and the Rules made there under and consequently direct the 3rd Respondent to grant permission as sought for and pass such other order or orders as the Hon'ble Court may deem fit and proper in the circumstances of the case and in the interest of justice.'

As the proceedings dated 21.08.2018 passed by the Panchayat Secretary, Palakurthy Gram Panchayat, Palakurthy Mandal, Jangaon District, is appealable under Section 121 of the Panchayat Raj Act, 2018, this Court sees no grounds to entertain this writ petition. Sri K.Ramachandra Reddy, learned counsel representing Sri G.Narender Reddy, learned counsel for the third respondent Gram Panchayat, is also agreeable to the writ petition being closed permitting the petitioner to avail the appellate remedy. The writ petition is accordingly disposed of permitting the petitioner to file a statutory appeal against the impugned proceedings dated

21.08.2018 before the District Collector, Jangaon District, within four weeks from the date of receipt of a copy of this order. Pending miscellaneous petitions shall stand closed in the light of this order. No order as to costs.

_______________ SANJAY KUMAR, J 1st APRI L, 2019 Svv