APHC010244512019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10956/2019 Between: 1. MINAVILLI BUCHCHI VENKATRAMAYYA CHOWDARY, S/O.MUSALAYYA CHOWDARY, HINDU, MALE, AGED 63 YEARS, R/O. D.NO. 4-82, MINAVILLI VARI VEEDHI, RAYAVARAM MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE GOVERNMENT OF A P, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT. KAKINADA. 3. THE DIVISIONAL PANCHAYATH OFFICER, RAMACHANDRAPURAM, EAST GODAVARI DISTRICT. . 4. VEDURUPAKA GRAM PANCHAYATH, REP. BY ITS SECRETARY, VEDURUPAKA, RAYAVARAM MANDAL, EAST GODAVARI DISTRICT. 5. TEKUMUDI CHINNA BABU, S/O. NERULLU @ CHINNAYYA, HINDU, MALE, AGED 52 YEARS, R/O. MINAVILLI VARI VEEDHI, RAYAVARAM MANDAL,EAST GODAVARI DISTRICT ...RESPONDENT(S): 2 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 toto pass an order or orders particularly one in the nature of writ of Mandamus declaring the action of Respondents No. 2 to 4 in not taking any action against the unofficial Respondent in construction of the house in Survey No. 698/1, Door No. 3-194 of Chinthala Thota Street of Vedurupaka Gram Panchayat by violating the approved plan Dt 22.09.2018 in BLR No.15/2018- 19 on my northern side as illegal, irregular and arbitrary and violative of the provisions of Panchayat Raj Act and Rules framed there under and also offends Article 14, 21 and 300A of the Constitution of India and consequently directed the official Respondents to prevent the unofficial respondent to confine his structures as per the approved plan Dt 22.09.2018 and pass IA NO: 1 OF 2019 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, direct Respondents No. 2 to 4 to see that the unofficial respondent shall undertake construction as per the approved plan Dt: 22.09.2018 in BLR No. 15/2018-19 in Survey No. 698/1, Door No. 3-194 of Chinthala Thota Street of Vedurupaka Gram Panchayat pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 2. GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10956/2019 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent Nos. 2 to 4 in not taking any action against the unofficial respondent in construction of the house in Survey No.698/1, Door No.3-194 of Chinthala Thota Street of Vedurupaka Gram Panchayat by violating the approved plan dated 22.09.2018 in BLR No.15/2018-19 on petitioner’s northern side as illegal, irregular and arbitrary and violative of the provisions of Panchayat Raj Act and Rules framed there under and also offends Article 14, 21 and 300-A of the Constitution of India and consequently direct the official respondents to prevent the unofficial respondent to confine his structures as per the approved plan dated 22.09.2018 and pass such other order.” 2. Heard the learned counsel for the petitioner, learned Government Pleader for respondent Nos.1 to 3 and the learned Standing Counsel for respondent No.4. 3. Learned counsel for the petitioner submits that the unofficial respondent No.5 is proceeding with the construction in Sy.No.698/1, D.No.3-194 of Chintala Thota Street of Vedurupaka Gram Panchayat in deviation/in violation of the approved plan dated 22.09.2018 sanctioned by the 4th respondent/Gram Panchayat. Since six years was lapsed, pending the Writ Petition, construction of 4 the house by the unofficial respondent No.5 might have been completed. As per the Andhra Pradesh Gram Panchayat Land Development (Layout and building) Rules, 2002, any permission granted by the Gram Panchayat is valid only for a period of two years. 4. On the other hand, learned Standing Counsel for respondent No.4 submits that since the construction by the unofficial respondent No.5 might have been completed, if any deviations/violation of the sanction plan are found, respondent No.4 will proceed, in accordance with law. 5. Considering the submissions made by the learned counsel for the petitioner and the learned Standing Counsel for respondent No.4, it is observed that the respondent No.4 was sanctioned/approved plan on 22.09.2018 for construction of house by the unofficial respondent No.5. The contention of the learned counsel for the petitioner that respondent No.4 is not initiating any steps against respondent No.5, even though respondent No.5 is proceeding with the construction in deviation/violation of the approved plan sanctioned by respondent No.4 to be considered and to be enquired and required an action in accordance with law. As per the Andhra Pradesh Gram Panchayat Land Development (Layout and building) Rules 2002, any permission granted by the Gram Panchayat is valid only for a period of two years. Therefore, the 5 respondent No.5 should complete the entire building construction within a period of two years from the date of sanction. If that is so, respondent No.5 might have been completed the entire construction, if not completed he should either get new permission or renewal of the earlier permission. It is not the case of both the parties that respondent No.5 either not completed the construction or submitted any application for renewal/permission. 6. In view of the reasons as explained above, respondent No.4 is hereby directed to make physical verification of the building and approved plan sanctioned in the year 2018. If founds any violation/deviation of the approved plan, respondent No.4 is at liberty to proceed further by observing principles of natural justice and by issuing notice to the unofficial respondent No.5, in accordance with law. The entire exercise shall be completed within a period of four(4) months from the date of receipt of copy of this Order. 7. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 0033..0099..22002255 TTPPSS 6 244 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:10956 of 2019 0033..0099..22002255 TTPPSS