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High Court for State of TelanganaWP/8/2016disposed of no costs

Narava Gram Panchayat, v. State Of Andhra Pradesh Rep By Its

2016-01-05C.V.Nagarjuna Reddy3 pages

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.8 of 2016 05.01.2016 Between:

Narava Gram Panchayat .. 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.Kurra Srinivas Counsel for respondent Nos.1 to 3: Assistant Government Pleader for Panchayat Raj and Rural Development (AP) Counsel for respondent No.4: Assistant Government Pleader for Revenue (AP) The Court made the following:

ORDER:

The construction of the Gram Panchayat building was commenced in pursuance of the sanctions granted by the Panchayat Raj Department and resolution, dated 15.06.2015, passed by the petitioner Gram Panchayat. It appears that on a representation made by certain persons that the said construction is being carried out in survey No.304/5B2 classified as topu poramboke in the revenue records in stead of in survey No.307, for which permission was granted, respondent No.3 has initially directed temporary stoppage of the construction of the building. Later, the said respondent has issued letter, dated 02.11.2015, to respondent No.4 to resolve the issue as to whether the construction of the Gram Panchayat building is being carried on over the permitted place or on the land in survey No.304/5B2 after inspecting the site.

The grievance of the petitioner is that despite the said letter, respondent No.4 has not taken any action. It is trite that construction of a building for Gram Panchayat, a public purpose, cannot be stalled on a dispute relating to the identity of the plot. Therefore, respondent No.4 is directed to forthwith take initiative and ensure that the dispute is solved and construction of the Gram Panchayat building is resumed as early as possible. Subject to the above directions, the Writ Petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.8 of 2016 filed by the petitioner for interim relief shall stand disposed of as infructuous.

______________________________ C.V.NAGARJUNA REDDY, J 05th January, 2016 GHN