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High Court for State of TelanganaWP/33232/2015disposed of no costs

Dwarampudi Satyendrakumar Reddy, v. State Of Andhra Pradesh,

2015-10-09P Naveen Rao5 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE NINETH DAY OF OCTOBER TWO THOUSAND AND FIFTEEN

Present

Between:

Dwarampudi Satyendrakumar Reddy, S/. Dwarampudi Narasa Reddy, Aged about 39 years, Occ: Govt. Emplyee And resident of Pentapadu Village and Mandal, West Godavari District.

.. Petitioner AND State of Andhra Pradesh, Rep. by its Secretary, Panchayat Ra and Rural Development Department, Secretariat, Hyderabad & 2 others .. Respondents The Court made the following:

ORDER:

The petitioner claims that he is the owner of Plot Nos.1 and 2 in Block No.6 in Survey Nos.928/5 and 929/1, 2 and 6 of Attili Gram Panchayat of Attili Village and Mandal of West Godavari District. The grievance of the petitioner is that he must obtain No Objection Certificate from the Gram Panchayat for the purpose of securing electricity supply connection from the Electricity Power Distributor, Electricity Department. When the petitioner approached the 3rd respondent Gram Panchayat to issue the No Objection Certificate, the 3rd respondent Gram Panchayat is insisting for payment of betterment charges and layout charges of the house plots owned by the petitioner.

2. The petitioner asserts that the betterment charges and layout charges were paid long ago when the plots were formed and there is no such requirement of making the payment once again and such demand by the 3rd respondent Gram Panchayat is illegal. However, as seen from the averments made in the

affidavit filed in support of the writ petition, no written request is made by the petitioner, on which a decision is communicated to the petitioner. The petitioner only claims to have submitted an oral request and claims that oral reply is given to him. No interference can be called from the Court on such assertions, which are not based on any material on record.

3. Having regard to the same, the Writ Petition is disposed of granting liberty to the petitioner to make a detailed representation to the 3rd respondent Gram Panchayat seeking for grant of No Objection Certificate and as and when such a representation is made, the 3rd respondent Gram Panchayat shall consider the same and pass appropriate orders, as warranted by law, within a period of two (2) weeks from the date of receipt of such representation. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_________________ P.NAVEEN RAO, J Date: 9th October, 2015 Note: Issue C.C. by one (1) week.

(B/o.) KL

Date: 9th October, 2015 KL