Point of Law : As per Section 127(3) of A.P. Panchayat Raj Act, 1994, every application for a licence or permission under the Act shall be disposed of within fifteen days from the date of receipt thereof or from the date of receipt of approvals or completion of other formalities prescribed, failing which, it shall be deemed that licence or permission is granted.

ORDER :

This Writ Petition has been filed by the petitioner seeking the following relief:

“declaring that the action of the respondents, more particularly, respondent No.5 in not granting ‘No Objection Certificate’ for storage of HSD( High Speed Diesel)/MS (Motor Spirit) consumer facilities for its registered society members vehicles at vacant site of its society bearing Survey No.391/6B/1A admeasuring Ac.0.1000 cents situated at Allavaram Village and Mandal, East Godavari District with an intention of political rivalry and encroachment of the subject land by the local political leaders with the help of respondent No.4 and thereby pending to grant ‘no objection certificate’ for aforesaid purpose is illegal, irregular, arbitrary and violation of the provisions of Article 14 and 21 and Section 123 and 127 (3) (6) of the A.P. Panchayat Raj Act, 1994 and also offends various rights and protections guaranteed under the constitution of India and consequential direction to the respondents to grant no objection certificate for aforesaid purpose at subject land within one month and to pass such other order or orders are deemed fit and proper in the circumstances of the case”

2. Heard learned counsel for the petitioner and the learned Government Pleader for Panchayat Raj appearing for Respondent Nos.1 to 3 and Sri I. Koti Reddy, learned Standing Counsel for Respondent Nos.4 and 5. Perused the material available on record.

3. Learned counsel for the petitioner submits that the land to an extent of Ac.0.10 cents in R.S.No.391/6B of Allavaram Village and Mandal, East Godavari District, originally belongs to the District Cooperative Central Bank Limited, Kakinada, which was alienated by the Collector & District Magistrate, East Godavari District, Kakinada bearing R.Dis.No.E2/5441/2010, dt. 09.03.2012, on payment of market value for Rs.2,08,120/- ( for 430 square yards). Subsequently, the Tahsildar, Allavaram Mandal, East Godavari District, handed over the possession of the subject land to the then Branch Manager, District Central Cooperative Bank, Allavaram, on 14.03.2012, with duly demarcated the boundaries and carried out necessary changes in the concerned record. Thereafter, the District Cooperative Central Bank Limited, Kakinada, transferred the subject land in favour of petitioner’s Society as per Order dt. 15.10.2019 of Respondent No.2. The Revenue Authorities entered the name of petitioner’s Society in their records and issued Form-1B, Pattadar/Adangal/Pahani copy and pattadar Passbooks were issued in favour of the petitioner.

4. Thereafter, the President of petitioner’s Society submitted an application to respondent No.2 on 05.11.2020 seeking ‘No objection Certificate’ for installation of Consumer Petrol Bunk. The Divisional Cooperative Officer, Amalapuram, East Godavari, issued ‘No Objection Certificate’ bearing Rc.No.854/2020-B, dt. 16.10.2020 to the General Manager, Indian Oil Corporation Limited, Visakhapatnam, with regard to installation of the consumer outlet of Indian Oil Corporation Limited in the subject land. The District Fire Officer, Kakinada, East Godavari, and the Deputy Commissioner of Labour, East Godavari District, Kakinada, issued ‘No Objection Certificates’ in favour of the Petitioner’s Society.

5. Learned counsel for the petitioner further submits that the petitioner’s Society submitted a representation to respondent No.2 on 06.09.2021 through ‘Spandana’ with regard to issuance of ‘No objection Certificate’. The petitioner’s Society also submitted representations to respondent Nos. 4 and 5 on 12.10.2021 through registered post and the same were received by the respondents on 14.10.2021, but till date, ‘No Objection Certificate’ was not issued by the respondents. Aggrieved by the same, the present Writ Petition is filed.

6. Sri I. Koti Reddy, learned Standing Counsel, on Written Instructions, submits that on 21.11.2020 the petitioner has applied “No Objection Certificate” for construction of Customer Petrol Bunk in the