Morthala Gopal Reddy , Gopi Reddy v. The Government Of Andhra Pradesh,Rep. By Its Principal

THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.21630 of 2006 ORDER:

1. This writ petition is filed challenging the action of the 1st respondent in passing the orders in G.O.Rt.No.1057 PR & RD (PTSIV) Department, dated 29.7.2006 setting aside the construction permission granted to the petitioner by the 5th respondent vide proceedings No.GPA/473/06, dated 11.4.2006, and challenging the consequential Memo dated 452/06-B-5(Pts) dated 1.9.2006 issued by the 2nd respondent and notice No.473/GPA/2006, dated 25.9.2006 issued by the 5th respondent.

2. Originally, the petitioner was granted permission by the 5th respondent to construct a house in Plot No.1110, situated on Raghnathpalli Road, Alair village, Nalgonda District. Subsequently, respondents 6 to 8 filed a revision petition before the Government on the ground that the petitioner started constructing the house against the permission granted by the Grampanchayat and the petitioner was not constructing the house as per the sanctioned plan. On that, the 1st respondent passed the impugned order setting aside the construction permission granted by the 5th respondent-Grampanchayat.

3. The main grievance of the petitioner is that the 1st respondent passed the impugned order without issuing any notice to him and the impugned order was passed on the basis of the petition forwarded by respondents 6 to 8 and basing on the documents produced by the 5th respondent-Grampanchayat.

4. The order of the 1st respondent impugned in this writ petition does not disclose that the petitioner was given sufficient opportunity by the 1st respondent to participate in the revision.

5. Considering the above facts and circumstances, the petitioner is directed to give a representation to the 1st respondent to hear his grievance, within three months from the date of receipt of a copy of this order. On such representation being made, the 1st respondent is directed to consider the same and pass appropriate orders after giving notice to all the parties concerned, in accordance with law. Till such time, the order of the 1st respondent dated 29.7.2006 is suspended. If the petitioner fails to make any such representation within the stipulated time, the order of the 1st respondent dated 29.7.2006 shall come into force.

6. With the above direction, the Writ Petition is disposed of. No order as to costs. Consequently, the miscellaneous petitions pending, if any, shall stand closed.

7. In view of the bifurcation of the States, Registry is directed to issue the copies after incorporating the State of Telangana in the place of the Government of Andhra Pradesh, in the cause title. _______________ RAJA ELANGO, J Dated:25th February, 2015 Nn THE HON'BLE SRI JUSTICE RAJA ELANGO

WRIT PETITION No.21630 of 2006 25.02.2015 Nn