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2002 Supreme(AP) 848

DALAVA SUBRAHMANYAM, S.R.NAYAK
Vasam Kotayya – Appellant
Versus
S. Rayavaram Gram Panchayat, S. Rayavaram Mandal, Visakhapatnam District – Respondent


S. R. NAYAK, J.

( 1 ) THE appellants are the unsuccessful petitioners in the writ petition. They filed this writ appeal questioning the correctness of the view taken by the learned single Judge in WP No. 2636 of 2000 dated 31-10-2000 holding that the petitioners have statutory appeal under Section 128 (1) of the A. P. Panchayat Raj Act, 1994 (for short, the Act ). The appellants filed the above writ petition seeking for mandamus declaring the action of the S. Rayavaram Gram Panchayat, the 1st respondent herein, in granting permission bearing No. 51/99 dated 17-12-1999 to the 2nd respondent to construct a rice mill as arbitrary, contrary to Section 120 of the Act, Sections 89 and 92 of the A. P. Public Health Act, 1939, Section 21 of the Air (Prevention and Control of Pollution) Act, 1981 and violative of the petitioners right under Articles 14 and 21 of the Constitution and for a consequential direction not to permit the 2nd respondent to construct any rice mill within the residential area of S. Rayavaram village. On behalf of the 2nd respondent, it was contended that the petitioners have got an effective alternative remedy by way of appeal under Section 128 (1) of the Act. The le




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