APHC010409212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 21062/2025 Between: 1. SHAIK JANNA,, S/O. SHAIK SUBHANI, AGED ABOUT 31 YEARS, R/O. D.NO.9-303, NEERU KONDA VARI STREET, DOMMERU VILLAGE, KOVVURU MANDAL, WEST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS SPECIAL PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT 3. DOMMERU GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, KOVVURU MANDAL, WEST GODAVARI DISTRICT 4. THE STATION HOUSE OFFICER, KOVVURU TOWN POLICE STATION, WEST GODAVARI DISTRICT ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the Notice dated 28-07-2025 of the 3rd Respondent to stop the construction with respect to the building permission vide B.A.No.23/2025 granted to the Petitioner as illegal, irregular, arbitrary. Article 300-A of Constitution of India, unjustified and unsustainable and set aside the same and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of Notice dated 28-07-2025 of the 3rd Respondent and thereby to allow construction in pursuance of building permission vide B.A.No.23/2025 of the 3rd Respondent and pass Counsel for the Petitioner: 1. SODUM ANVESHA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR HOME 3. GP FOR REVENUE 4. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra The Court made the following order: Heard Smt. Sodum Anvesha, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents 1 and 2, Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the 3rd respondent and learned Assistant Government Pleader for Home for the 4th respondent. 2. Assailing the notice dated 28.07.2025 (Ex.P1) issued by the Panchayat Secretary of the 3rd respondent, the petitioner filed the above writ petition. 3. Learned counsel for the petitioner would contend that the petitioner’s grandfather, Sri Shaik Basha, constructed a house bearing D.No.9-303 in an extent of Ac.0.04 cents in 9th Ward, Dommeru Village, Kovvuru Mandal, West Godavari District. The said land is classified as poramboku land. The grandfather of the petitioner worked as the Imam of the mosque. His name was mutated in the records of the Gram Panchayat, and he paid tax to the Gram Panchayat in respect of the house bearing D.No.9-303. The petitioner’s grandfather executed a Will dated 11.04.2010 in favour of his daughter, Smt. Shaik Shakeela, who in turn executed a Registered Gift Deed bearing Document No.26/2018 dated 01.01.2018 in favour of the petitioner. 4. The grandfather of the petitioner filed suit O.S.No.1032/2001 on the file of the Principal Junior Civil Judge, Kovvuru, seeking perpetual injunction against the defendants therein and said suit was decreed by judgment and decree dated 13.03.2007. The said judgment became final. 5. In pursuance of the gift deed, the petitioner made an application dated 28.05.2023 to the 3rd respondent seeking permission for the construction of a building. The 3rd respondent granted permission vide B.A.No.23/2025 dated 27.06.2025 for the construction of a residential house at Ground, First and Second Floors. The petitioner started construction and laid the basement. 6. Be that as it may, the Panchayat Secretary of the 3rd respondent orally instructed the petitioner not to make any constructions. Thereafter, the notice dated 28.07.2025 (Ex.P1) was issued. 7. An interim order was granted on 12.08.2025, suspending the notice dated 28.07.2025 (Ex.P1) for a period of three weeks. Thereafter, the interim order was modified on 03.09.2025, permitting the petitioner to construct the building as per the permission issued by the 3rd respondent Gram panchayat in Sy.No.512/1, to an extent of 137.81 Square Yards in Dommeru Gram Panchayat. While modifying the interim order, the Court specifically directed the petitioner not to proceed with construction other than land in Sy.No.512/1. 8. A counter-affidavit was filed on behalf of the 3rd respondent. It was contended, inter alia, that permission was granted to the petitioner to construct a house in Sy.No.512/1 as per the registered Document No.26/2018 dated 01.01.2018. The petitioner encroached upon Sy.Nos.576 and 577/2, classified as a burial ground and hence the notice dated 28.07.2025 (Ex.P1) was issued. As per RSR, the land in Sy.No.576 and 577/2 was classified as a burial ground and eventually prayed to dismiss the writ petition. 9. Learned counsel for the petitioner, while reiterating the contents as per the averments made in the affidavit, further contended that the survey number was wrongly mentioned in the document. However, as seen from the boundaries of the schedule in suit O.S.No.1032/2001 on the file of the Principal Junior Civil Judge, Kovvuru, the petitioner obtained permission to the land specified in the suit schedule. Due to the notice dated 28.07.2025 (Ex.P1), although the building permission dated 27.06.2025 (Ex.P2) is in force, the petitioner stopped construction. Learned counsel would submit that the petitioner will submit an explanation to the notice dated 28.07.2025 (Ex.P1) by annexing all the documents. 10. In reply, Sri Chaitanyna, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the 3rd respondent, would submit that as per Ex.P2, the permission was granted to the petitioner to construct the building in Sy.No.512/1 of Dommeru Gram Panchayat. However, the petitioner encroached upon the land in Sy.Nos.576 and 577/2, burial ground and hence notice dated 28.07.2025 (Ex.P1) was issued. 11. The point for consideration is: Whether the notice dated 28.07.2025 (Ex.P1) issued by the Panchayat Secretary of the 3rd respondent is legally sustainable? 12. The petitioner filed a registered gift deed dated 01.01.2018 (Ex.P3), executed by his mother. As seen from the schedule, the property is shown as 175 Square meters D.No.9-303, 9th Ward, Dommeru Village, within the boundaries East: Mosque, South: House of the Mosque, West: Panchayat Road and North: R&B Road. In respect of the survey number, it was mentioned as Sy.No.512/1. Ex.P2 proceedings, whereby the permission was granted to the petitioner to construct a building, the survey number was mentioned as Sy.No.512/1, D.No.9-303, admeasuring 137.81 square meters, Ground, First and Second Floors. 13. As seen from the RSR filed along with the counter-affidavit, the land in Sy.No.576 was described in the remarks as a burial ground. The land in Sy.No.577/1 is described as a road, and 577/2 is described as a burial ground. 14. No doubt, the petitioner’s grandfather filed suit O.S.No.1032/2001 against some individuals on the file of the Principal Junior Civil Judge, Kovvuru, seeking perpetual injunction, and the said suit was decreed. The schedule mentioned in the plaint, as per the boundaries and the boundaries mentioned in Ex.P3 document, are the same. 15. It is pertinent to mention here that the Gram Panchayat is not arrayed as a defendant in the said suit. The petitioner, in fact, filed the house tax receipts to demonstrate the payment of house tax to the house. 16. In the case at hand, the notice dated 28.07.2025 (Ex.P1) was issued, pointing out that the petitioner is making construction in Sy.No.576 and 577/2, the burial ground. In fact, learned counsel for the petitioner would fairly submit that the petitioner stopped construction, and the said submission is placed on record. Since the Ex.P1 is a show-cause notice, the writ petition is disposed of with the following directions. i) The petitioner shall submit an explanation by annexing all the relevant documents within a period of two (02) weeks from today to the Panchayat Secretary of the 3rd respondent. ii) Thereafter, the Panchayat Secretary of the 3rd respondent shall consider the same, by providing an opportunity of hearing to the petitioner, and pass a reasoned order within a period of six (06) weeks thereafter, and communicate the same to the petitioner. Page 6 of 7 iii) Till a reasoned order is passed, the petitioner shall not make any constructions in the land mentioned supra. iv) The Panchayat Secretary of the 3rd respondent shall complete the inquiry as expeditiously as possible, preferably within a period of two (02) months from today. v) There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 07.04.2026 SNI 172 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 21062 OF 2025 Date: 07.04.2026 SNI