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High Court for State of TelanganaWP/33424/2015disposed of no costs

Smt. Dwarampudi Bramaramba, v. State Of Andhra Pradesh,

2015-10-12P Naveen Rao4 pages

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.33424 of 2015 DATED : 12.10.2015 Between :

Smt.Dwarampudi Bramaramba, W/o.Dwarampudi Narasa Reddy, Aged about 56 yrs, Occu : Housewife, R/o.Pentapadu village and Mandal, West Godavari District.

.. Petitioner and State of Andhra Pradesh, Rep., by its Secretary, Panchayat Raj and Rural Development Department, Secretariat, Hyderabad & 2 others.

.. Respondents

This court made the following :

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33424 of 2015

ORDER :

The petitioner claims that she is the owner of Plot No.4 in Block No.6 in Survey No. 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 she 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 plot owned by the petitioner.

2. The petitioner asserts that the betterment charges and layout charges were paid long ago when the plot was 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 her. 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 12th October, 2015.

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