Mr.B.Lakshminarayana, v. State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.35190 of 2016 ORDER:

Heard Mr.M.Venkat Divakar for petitioner, Assistant Government Pleader for Panchayat Raj and Rural Development for respondent No.1 and Mr.G.Seshadri for respondent Nos.2 and 3. The petitioner, a licensed Building Surveyor, challenges resolution No.242, dated 22.06.2016, passed by respondent No.3Gram Panchayat, which reads thus: "True extract from proceedings of Uravakonda Gram Panchayat at its General Meeting held on 22.06.206 at Uravakonda Gram Panchayat Office:

Resolution No.242 Agenda: To discuss about the memorandum given by Sri Jilakara Mohan regarding fee collected by the license building planners in the village.

Resolution: Discussed. The Gram Panchayat unanimously resolved to remove Sri Laximnarayana, Building Surveyor, as complaints are coming from ward members. Further resolved to cancel the license given by the District Panchayat Officer. Further, not to accept the building plan permission given by him. (Emphasis Added)"

From the above, it is clear that under the chairmanship of Sarpanch of respondent No.3-Gram Panchayat, a decision is taken to cancel the licence granted by respondent No.2-District Panchayat Officer, Ananthapur District through proceedings, dated 17.02.2016.

Much discussion is not needed to conclude that the resolution is beyond the jurisdiction of respondent No.3-Gram Panchayat and learned Standing Counsel for respondent No.3 fairly admits the situation and states that if complaints, as a matter of fact, are received against the petitioner, respondent No.3 ought to have passed a resolution and forwarded it to respondent No.2 for a decision in accordance with law.

Resolution No.242, dated 22.06.2016, is set aside and the writ petition is ordered accordingly. It is made clear, if complaints are received against the petitioner, it is open to respondent No.3 to act in accordance with law.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ________________ S. V. BHATT, J Dt:16.11.2016.

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