THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.8980 of 2005 Between:
K. Venu PETITIONER AND
1. The Gram Panchayat, Nampally, village (M) Vemulavada, Karimnagar District, rep. by its Secretary, and others.
RESPONDENTS ORDER:
This writ petition, filed under Article 226 of the constitution of India, challenges the order dated 8.04.2005 passed by the Gram Panchayat, Nampally, Vemulavada Mandal, Karimnagar District, whereunder and whereby the 1st respondent herein refused to grant permission in favour of the petitioner for construction of a building.
2. Heard Sri M. Rama Rao, learned counsel for the petitioner, Sri P. Raghavender Reddy, learned counsel for respondents 1 and 2 and learned Government Pleader for Panchayat Raj for respondent No.3.
3. A reading of the order passed by the 1st respondent, which is impugned in the present writ petition, shows that the 1st respondent-Gram Panchayat rejected the application of the petitioner for construction of a building, obviously, on the ground of pendency of W.P.No.17875 of 2002 before this Court.
4. During the course of arguments a copy of the order dated 14.02.2012 passed by this Court in W.P.No.17875 of 2002 is placed on record by the learned counsel for the petitioner. The said writ petition filed by the Nandeeshwara Township represented by it Managing Director, was disposed of by this Court on 14.02.2012, and the operative portion of the said order reads as under.
“Therefore, the 5th respondent shall take expeditious steps to have the land use of S.Nos.445 and 446 of Tippapur Village, Nampally Gram Panchyat, Vemulawada Mandal, Karimnagar District, converted into non-agricultural use and take positive further action for passing final orders on the revised lay out plan already submitted by the petitioner-society after compliance with the defects, which was forwarded by the Gram Panchayat to the District Panchayat Officer on 26.04.2001 and also consider individual requests for permission for construction of houses as directed in the proceedings of the District Panchayat Officer, dated 18.09.2010. The writ petition is disposed of, accordingly, with the above direction. No costs.”
5. In view of the above order dated 14.02.2012 passed by this Court in W.P.No.17875 of 2002, this writ petition is also disposed of, directing the respondents to consider the application of the petitioner in accordance with the directions contained in the above said order. No order as to costs. As a sequel, the miscellaneous petitions, if any, shall stand closed.
JUSTICE A.V. SESHA SAI.
2nd July, 2014 Js.