1 APHC010256762024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 12620/2024 Between: 1. SHAIK JAHANGIR, S/O LATE S.ABDUI SHUKUR SAHEB, AGED ABOUT 49 YEARS, OCC BUSINESS, RESIDENT OF D.NO.8/19, GANDHI ROAD, FILER TOWN AND MANDAL, ANNAMAYYA DISTRICT. 2. SHAIK SALEEM BASHA, S/O LATE S.ABDUI SHUKUR SAHEB, AGED ABOUT 65 YEARS, OCC BUSINESS, RESIDENT OF PRAKASAM ROAD, FILER TOWN AND MANDAL, ANNAMAYYA DISTRICT. 3. SHAIK HABEEB, S/O SHAIK HUMAYUN, AGED ABOUT 34 YEARS, OCC BUSINESS, RESIDENT OF THILAK VEEDHI, FILER TOWN AND MANDAL, ANNAMAYYA DISTRICT. 4. SHAIK SHAJAHAN, S/O S/O LATE S.ABDUI SHUKUR SAHEB, AGED ABOUT 57 YEARS, OCC BUSINESS, RESIDENT OF D.NO. 11-252, NTR NAGAR, KONDREDDIGARIPALLI H/O FILER VILLAGE, FILER TOWN AND MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT AT 2 RAYACHOTY. 3. THE REVENUE DIVISIONAL OFFICER, RAYACHOTY, ANNAMAYYA DISTRICT. 4. THE TAHSILDAR, FILER MANDAL, ANNAMAYYA DISTRICT. 5. THE FILER GRAMPANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, FILER MANDAL, ANNAMAYYA DIST ...RESPONDENT(S): Counsel for the Petitioner(S): 1. VUTUPALLI RAJANNA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following ORAL ORDER: Heard Sri Vutupalli Rajanna, Ld. Counsel for the Writ Petitioners, Sri T. Sanjeeva Rao, Ld. Asst. Government Pleader for Revenue and Sri D.M. Vidya Sagar, Ld. Counsel appearing on behalf of Sri Mattegunta Sudhir, Ld. Standing Counsel for the ZPPs and MPPs. 2. The prayer sought in this Writ Petition is as under: “For the reasons stated above, it is therefore prayed that this Hon’ble Court may be pleased to issue writ, or Direction especially one in the nature of Writ of Mandamus declaring the action of the respondents 4 and 5 in trying to demolish the construction of residential house –cum- shopping complex made by the petitioners in an extent of Ac.0.15 cents = 180 Ankanams in Sy.No.298, situated in Ward No.2, Piler Town and Mandal, Annamayya District without following due process of law is illegal, arbitrary, highhanded and violation of principles of natural justice and consequently direct the respondents 4 and 5 not to demolish the construction of residential house- cum-shopping complex made by the petitioners in the above 3 mentioned property and pass such other or further orders as this Honourable court may deem fit and proper in the circumstances of the case.” 3. Ld. Counsel for the Writ Petitioners submits that the Writ Petitioner Nos. 1, 2, 4 and the father of the Writ Petitioner No.3 are the siblings. It is the submission of the Ld. Counsel for the Writ Petitioners that, the Writ Petitioners have obtained permission from the Grama Panchayat for construction of the Shopping Complex-cum-Residential house in an extent of Ac.0.15 cents (180 Ankanams) in Survey No.298 situated in Ward No.2 of Piler town. The Grama Panchayat has granted permission to them on 30.07.2011, in terms of the plan which is annexed to the permission (Ex.P.1). Despite the fact that the permission was granted way back on 30.07.2011 (Ex.P.1), the Writ Petitioners, on account of financial constraints, could not undertake the construction and complete the construction as per the sanctioned plan within the time stipulated in condition No.4 of permission. As per the condition No.4 in the permission granted on 30.07.2011 (Ex.P.1), the Writ Petitioners were to complete the construction by the end of June-2012. It is specifically stated in the condition that, if the construction is not completed within the time, the Writ Petitioners are required to seek permission/approval from the Grama Panchayat once again. 4. Ld. Counsel for the Writ Petitioners would submit that the Writ Petitioners have recently completed the construction and he has taken this Court through the Photographs filed along with this Writ Petition (Ex.P.6). It is evident from the Photographs that the Writ Petitioners have constructed shops, but they have not constructed the house. It is the submission of the Ld. Counsel for the Writ Petitioners that at this stage, the Official Respondents have restrained the Writ Petitioners from proceeding further. 5. From the facts admitted by the Writ Petitioners the construction of the building could not be completed before by the end of June-2012. As a matter of fact, they have not even started construction within the time granted. Nearly after fourteen (14) years, the Writ Petitioners have completed the 4 construction of the shops. Admittedly, the Writ Petitioners have not obtained fresh permission from the Grama Panchayat once again since the Writ Petitioners did not complete the construction within the time granted in condition No.4 of the permission granted by the Grama Panchayat on 30.07.2011 (Ex.P.1). 6. Admittedly, the Writ Petitioners have completed the construction of shops without seeking prior permission/approval from the Grama Panchayat and therefore, the shops which are constructed are per se illegal and unauthorized. 7. Having regard to the above facts, this Court is of the considered view that the Writ Petitioners shall now apply for permission by submitting a fresh Plan. If the Writ Petitioners makes a fresh Plan, there shall be a direction to the Grama Panchayat and the other Officials to consider the same within a period of four weeks from the date of submission of such Plan. Such fresh Plan shall be considered by the Grama Panchayat in accordance with the present norms and the Rules and Regulations existing as on today. 8. The Writ Petitioners herein are granted two weeks time to approach the Respondent Authorities by submitting a fresh Plan. 9. Insofar as the construction, which is already made by the Writ Petitioners without obtaining the permission from the Grama Panchayat is concerned, the Grama Panchayat is at liberty to impose fines/penalty/costs for such violation in accordance with the existing norms. If any such fines/penalty /costs are imposed, the Writ Petitioners shall not undertake any further construction until such costs are paid to the satisfaction of the Grama Panchayat. If it appears to the Grama Panchayat that the portion of the already constructed shops is in contravention of the existing norms and the Rules and Regulations existing as on today, the Panchayat shall direct the Writ Petitioners to remove such portions and the Writ Petitioners are duty bound to do the same. If the Writ Petitioners do not remove such 5 constructions, the Official Respondents are at liberty to demolish the same by following the due process of law. 10. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 11. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENIRAMAKRISHNA PRASAD, J Dt: 25.03.2025 Mnr 6 93 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No.12620 OF 2024 Dt: 25.03.2025 Mnr