::1:: APHC010283782019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13090/2019 Between: 1. EAGALA RAMA SATYANARAYANA,, S/O.CHINNA RAO AGE 50 YEARS, R/O. 55-5-5, RAMALAYAM STREET ISUKATHOTA, VISAKHAPATNAM ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI 2. THE DISTRICT PANCHAYAT OFFICER, VIZIANAGARAM DISTRICTL . 3. THE EXERTION OFFICER, PR AND RD MANDAL PRAJA PARISHAD, KOTHAVALASA MANDAL KOTHAVALASA, VIZIANAGARAM DISTRICT 4. CHINTALAPALEM GRAM PANCHAYAT, CHINTALAPALEM, KOTHAVALASA MANDAL VIZIANAGARAM DISTRICT 5. THE PANCHAYAT SECRETARY, CHINTALAPALEM GRAM PANCHAYAT CHINTALAPALEM, KOTHAVALASA MANDAL VIZIANAGARAM DISTRICT 6. TEDDU ARUNA KUMAR, W/O. BANGARAYYA AGE 30 YEARS, SY. NO. 4655, CHINTALAPALEM VILLAGE KOTHAVALASA MANDAL, VIZIANAGARAM DISTRICT ...RESPONDENT(S): 2 This Court made the following ORDER:- 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue an appropriate order or direction more particularly, one in the nature of Writ of Mandamus declaring the inaction of the respondents 2 to 5 in taking appropriate action against the unauthorized and illegal constructions being made by the 6th respondent in Sy. No. 465/5 of Chintalapalem Village, Kothavalasa Mandal, Vizianagaram District as illegal, arbitrary, high handed, irresponsible, against to the principles of natural justice apart from bifing violative of Article 21, 300-A of the Constitution of India and consequentially direct the respondents 2 to 5 to demolish unauthorized and illegal constructions being made by' the 6th respondent in R.S. No. 465/5 of Chintalapalem Village, Kothavalasa Mandal, Vizianagaram District in the interest of justice and pass...” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the Panchayat Raj and Rural Development appearing for the respondent Nos. 1 to 3 and the learned Standing counsel appearing for the respondent Nos. 4 and 5 and the learned counsel appearing for the unofficial respondent No.6. 3. The case of the petitioner is that, the respondent Nos. 2 to 5 are not taking any action against the unofficial respondent i.e., the respondent No.6, who has made unauthorized and illegal 3 constructions in Sy.No.465/5 of Chintalapalem Village, Kothavalasa Mandal, Vizianagaram District, without obtaining any prior permission or any approval from the concerned authorities, more particularly the 4th respondent Gram Panchayat. 4. The learned counsel for the petitioner submits that the petitioner is the owner of a vacant site adjacent to the above-said land. The 6th respondent herein obtained permission for construction of a G+2 floors building/residential building in the land situated in R.S.No.465/5 of Chintalapalem Village, Kothavalasa Mandal, Vizianagaram District, vide D.Dis.No.5 dated 20.06.2018, through Resolution No.5 dated 11.06.2018 passed by the 4th respondent/Gram Panchayat. He further submits that the 6th respondent has illegally constructed a building consisting of G+4 floors, without leaving any setbacks on either side of the said building, in deviation of the approved plan sanctioned by the 4th respondent/Gram Panchayat and in violation of the Building Rules, 2002. In view of the unauthorized and illegal constructions made by the unofficial respondent, i.e., respondent No.6, in R.S.No.465/5 of Chintalapalem Village, Kothavalasa Mandal, Vizianagaram District, the petitioner submitted a representation dated 06.06.2019 and also 4 issued a legal notice dated 13.03.2019 to the respondent Nos.2 to 5. However, even after receipt of the petitioner’s representation and legal notice, the respondent authorities neither considered and initiated action nor issued any proceedings so far. Hence, the present writ petition. 5. On the other hand, the learned Standing Counsel appearing for the 4th respondent/Gram Panchayat submitted written instructions dated 13.08.2025, issued by the 5th respondent i..e, Panchayat secretary, wherein it is stated that the 6th respondent was granted building permission for the construction of a G+2 building/residential building on 17.06.2018 in R.S.No.465/5 of Chintalapalem village, Kothavalasa Mandal, Vizianagaram District, vide Resolution No.5 passed by the 4th respondent/Gram Panchayat. It is further stated that, pursuant to the legal notice issued by the petitioner dated 13.03.2019, the 4th respondent/Gram Panchayat issued notices to respondent No.6 on 10.04.2019 and 18.04.2019, directing him not to make any constructions contrary to the plan approved by the 4th respondent/Gram Panchayat. 6. The learned counsel for the petitioner submits that, even though permission was granted in favour of the 6th respondent for 5 construction for a G+2 residential building on 17.06.2018 by the 4th respondent/Grampanchayat in R.S.No.465/5, the 6th respondent has constructed more than permitted G+2 floors and constructed G+4 floors, which is contrary to the permission/ sanctioned plan by the 4th respondent. As such, the unauthorized construction made by the 6th respondent is liable to be demolished. 7. The learned Standing Counsel appearing for the 4th respondent/Gram Panchayat submits that, in view of the written instructions issued by the 5th respondent, i.e., the Panchayat Secretary, permission was granted only for the construction of a G+2 residential building in favour of the 6th respondent by the 4th respondent/Gram Panchayat through a resolution dated 17.06.2018. It is further submitted that, in the event of any construction beyond the sanctioned/approval plan of the 4th respondent/Gram Panchayat, the respondent authorities will proceed in accordance with law against such unauthorized and illegal constructions. 8. Considering the submissions made by the learned counsel for the petitioner, the learned Government Pleader for Panchayat Raj and Rural Development appearing for respondent Nos.1 to 3, 6 the learned Standing Counsel appearing for respondent Nos.4 and 5, and the learned counsel appearing for the unofficial respondent No.6, and on perusal of the material available on record, it is observed that the 6th respondent herein has obtained building permission plan for construction of a G+2 residential building vide Resolution No.5 passed by the 4th respondent/Gram Panchayat dated 17.06.2018. 9. The contention of the petitioner is that the 6th respondent herein is proceeding with illegal constructions without obtaining any prior permission or approval from the 4th respondent/Gram Panchayat. He further contends that the respondent authorities, being statutory authorities, are bound to ensure that the Building Rules, 2002 were followed by the citizens and to take action in the event of any deviations. Any person who contravenes the provisions of the Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002 commits an offence, and the 4th respondent is under an obligation to take appropriate action under Rule 33 of the Building Rules, 2002. Therefore, the unauthorized construction made by the 6th respondent herein is liable to be demolished. 7 10. The learned Standing Counsel appearing for the 4th respondent submits that permission/sanction plan was granted only for a residential building consisting of G+2 floors, and if any unauthorized construction is made beyond the sanctioned plan, the Gram Panchayat will initiate appropriate action by following due procedure as contemplated under the law and the Rules made thereunder. 11. In view of the submissions made by both learned counsel, this Court is of the considered view that the present writ petition can be disposed of by directing the 4th respondent herein to take appropriate action against any illegal constructions made by the 6th respondent contrary to the sanctioned plan approved by the 4th respondent, by following due procedure in accordance with law. 12. With the above direction, writ petition is disposed of. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 13.08.2025 klk 8 189 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.13090 of 2019 13.08.2025 klk