:: ORDER ::

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief:

“…to issue a writ, order or direction preferably a writ in the nature of Mandamus declaring that the inaction of the respondent No.2 in restrain the respondent No.3 who has been constructing a house pending appeal in A.S No.18 of 2017 before the Hon’ble Court of IV Additional District and Sessions Judge (Fast Track Court) at Nagarkurnool, without getting permission from the respondent No.2 and the Town planning authority, despite representation made by the petitioners is illegal and consequently direct the respondent No.2 to take action by removing illegal constructions made by the respondent No.3 in Sy.No.253/A situated at Waridyala Village, Kollapur Mandal, Nagarkurnool District and pass such other order...”

2. Heard Sri T. L. Krishna Prasad, learned counsel for petitioners, learned Government Pleader for Municipal Administration appearing for respondent No.1 and Sri Putta Krishna Reddy, learned Standing Counsel appearing for respondent No.2. Perused the record.

3. When the matter was taken up for hearing, Sri Putta Krishna Reddy, learned Standing Counsel appearing for respondent No.2, on instructions, submitted that respondent No.2 - Municipality, has strictly complied with and adhered to all interim directions issued by this Court during the pendency of this matter. Learned counsel would further submit that respondent No.3 had originally obtained valid building permission from the then Gram Panchayat, Kollapur, vide Permission No.A/87/2010 dated 30.08.2010, and subsequently, upon the upgradation of the said Gram Panchayat into a Municipality, the office renewed the building permission vide No.3062/W6/2021/0339 dated 11.02.2022, ensuring that all administrative protocols were duly followed. It was also pointed out that the appeal filed by the petitioner, being A.S.No.18 of 2007 before the Court of the learned IV Additional District and Session Judge (Fast Track Court), Nagarkurnool, has been disposed of in favour of respondent No.3 and against the petitioner.

4. It is further contended that, as on date, only pillars and basement exist at the site, and no further construction has been carried out by respondent No.3, beyond basement level, subsequent to the passing of the interim order dated 11.04.2014 by this Court. However, it is contended that the building permission was validly granted by the then existing Gram Panchayat and was subsequently renewed by respondent No.2 through the aforesaid proceedings.

5. In that view of the matter, this Court finds that the very grievance of the petitioner that respondent No.3 is proceeding without any valid permission, does not survive for further adjudication in the present writ petition. Accordingly, the writ petition is dismissed, granting liberty to the petitioner to challenge the building permission granted by the Gram Panchayat and subsequently recognized by respondent No.2 – Municipality, if so advised, in respect of any further developments, by approaching the competent authority in accordance with law for redressal of his grievance. There shall be no order as to costs.

Miscellaneous applications, if any, shall stand closed.