HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.2162 of 2010 Date : 08-12-2014 Between:
B.Anjaneyulu, S/o.Venkataiah, 35 years, Occ: Agriculture, R/o.Chigurumamidi village And Mandal, Karimnagar District and The District Collector, Karimnagar District, Karimnagar.
and others … Petitioner … Respondents ORDER:
HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.2162 of 2010 This writ petition, filed under Article 226 of the Constitution of India, challenges the action of the respondents 1 to 5 in not taking any action against the illegal construction said to have been made by the 6th respondent on the Village Well (Dharma Bavi) situated at Chigurumamidi village and Mandal, Karimnagar District, as being illegal, arbitrary and violative of principles of natural justice.
Heard Sri P.Giri Krishna, learned counsel for the petitioner, learned Government Pleader for the respondents 1, 2, 4 and 5, Sri P.Raghavendra Reddy, learned Standing Counsel for the 3rd respondent and Sri L.Prabhakar Reddy, learned counsel for the 6th respondent, apart from perusing the material on record.
When the matter is taken up today, it is submitted by the learned Government Pleader, basing on the para-wise remarks received from the District Panchayat Officer, that on coming to know about the illegal construction of tin-shed made by the 6th respondent, the District Panchayat Officer issued necessary instructions to the Sarpanch of the Gram Panchayat, Chigurumamidi for cancellation of orders of permission granted for construction of tin-shed and early removal of shed erected on the subject land. It is also submitted by the learned Government Pleader, basing on the said para-wise remarks, that the Sarpanch of Gram Panchayat erred in issuing the permission for construction of tin-shed, vide proceedings dated 20.08.2009. The learned Standing Counsel has also placed on record a letter dated 10.11.2014 addressed by the 3rd respondent-Gram Panchayat to the District Panchayat Officer soliciting necessary instructions pursuant to the Grama Sabha conducted in the village. The said letter makes it evident that Grama Sabha passed a resolution for cancellation of the construction permission and for taking over the possession. In view of the above subsequent developments and taking into consideration of the same, this Court deems it appropriate to dispose of the matter.
In these circumstances, this writ petition is disposed of, directing the official respondents to take appropriate action, pursuant to the resolution passed by the Grama Sabha dated 10.11.2014, within a period of three months from the date of receipt of a copy of this order, in accordance with law. No order as to costs.
As a sequel, miscellaneous petitions, if any pending in this writ petition, shall stand closed.
A.V.SESHA SAI, J Date: 08.12.2014
siva
HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.2162 of 2010 Date : 08-12-2014 siva