J. Kantamma, Kadapa Dist. v. Pullampeta Gram Panchayat, Kadapa Dist.

HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN WRIT PETITON No.17421 OF 2010 ORDER: (per Hon'ble the Acting Chief Justice Ramesh Ranganathan) The relief sought for in this Writ Petition is to declare the action of the respondent in not approving the building permission application submitted by the petitioner in the month of December, 2008 for the house site at Sivalayam street, Pullampet village and Mandal, Kadapa District, though the application is accompanied by all necessary documents and charges, as arbitrary and illegal. When the matter was listed before this Court on 21.07.2010, Learned Standing Counsel for Grampanchayat, on instructions, stated that no application was made by the petitioner to raise construction; and she had already taken up construction, without any permission, unauthorisedly.

Sri L.J. Veera Reddy, Learned Counsel for the petitioner expresses ignorance as to whether or not the petitioner has completed construction of the building. As prior permission for the Gram panchayat is necessary, suffice it to make it clear that, in case the petitioner has constructed a building without prior approval, it is open to the respondents to take action against them in accordance with law. Needless to state that it is always open to the petitioner to make an application to the Grampanchayat, obtain their permission, and thereafter construct a building based on the approval granted to them by the Grampanchayat.

The Writ Petition stands disposed of accordingly. The miscellaneous petitions pending, if any, shall stand closed. No costs. _______________________________ RAMESH RANGANATHAN, ACJ Date: 24.11.2017 MRKR