THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI

COMMON ORDER:

In both of these writ petitions, the common grievance is that the unofficial respondents i.e., respondent No.7 in W.P.No.7359 of 2024 (who is respondent No.5 in W.P.No.31156 of 2025), is making construction without obtaining any permission from the authorities.

2. Learned Standing Counsel for the Gram Panchayat has relied upon the averments made in the counter affidavit.

3. Learned counsel appearing for the unofficial respondent No.7 (who is respondent No.5 in W.P.No.31156 of 2025) has filed before this Court the copies of the building application submitted by her on 14.11.2024 and stated that the same has neither been accepted nor rejected and it is still being shown as pending and under the deeming provision under Section 114(3) of the Act, the respondent No.7 (who is respondent No.5 in W.P.No.31156 of 2025) has started the construction, but on receipt of the impugned notice, the construction has been stopped. It is shown from the status of the building application, that it is shown as “under process”.

4. In view of the above and in order to resolve the issue, this Court directs the official respondents to consider the building application of the respondent No.7 (who is respondent No.5 in W.P.No.31156 of 2025) and also to consider the objections of the petitioner herein and take a decision on the building application on merits within a period of fifteen (15) days from the date of receipt of a copy of this order. It is further directed that respondents shall conduct a survey, if necessary, in order to resolve the survey number in which the petitioner as well as the unofficial respondent are disputing the location of the property and if such a survey is to be conducted, then the period for a decision is extended by a further period of one (1) month. It is needless to mention that both the parties are to be given a fair opportunity of hearing.

5. Accordingly, both the writ petitions are disposed of. There shall be no order as to costs.

6. Miscellaneous petitions, if any, pending in these writ petitions, shall stand closed.

____________________________ JUSTICE T.MADHAVI DEVI Date: 06.11.2025

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THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI Dated: 06.11.2025

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