APHC010308282019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14302/2019 Between: 1. SMT. KOTAKALA ANASUYA, W/O. ANJANEYULU HINDU, FEMALE, AGED ABOUT 65 YEARS, HOUSEWIFE, R/O. N.D.NO. 6-57/1, VELAMALAPETA, NEAR NTR STATUE, DENDULURU VILLAGE. DENDULURU MANDAL, W.G.DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY. PANCHAYATRAJ AND RURAL DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI MANDAL, GUNTUR DISTRICT, A.P. 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, COLLECTORATE COMPOUND, N.R.PET., ELURU. W.G. 3. THE DISTRICT PANCHAYAT OFFICER, WEST GODAVARI DISTRICT, GAVARAVARAM,ELURU. 4. THE DIVISIONAL PANCHAYAT OFFICER, ELURU DIVISION, GAVARAVARAM. ELURU. 5. THE DENDULURU GRAMPANCHAYAT, REP.BY ITS SECRETARY, DENDULURU. DENDULURU MANDAL, W.G.DIST. 2 6. THE TAHSILDAR, DENDULURU MANDAL, DENDULURU, W.G.DIST. ...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 topleased issue an order or Writ Under Article 226 of the Constitution of India, more particularly one in the nature of Writ of Mandamus or Direction declaring that the notices Dt. 09.09.2019 issued by 5th respondent-Panchayat Secretary, Denduluru Grampanchayat, cancelling petitioner's house approved plan. Dt. 13.02.2019 which was approved by the same 5th respondent- Panchayat Secretary, Denduluru Grampanchayat previously, and requiring the petitioner to stop further constructions as illegal, arbitrarily against the principles of natural justice and also violation of Provisions of Panchayat Raj Act, and rules framed there under and also offends Article 14, 21 86 300(A) of the Constitution of India and consequently direct the respondents not to interfere with petitioner's peaceful possession and enjoyment her house and site situated in R.S.No. 478 of Denduluru Village, Denduluru Mandal, W.G.Dist., admeasuring an extent of Ac. 0-03 cent with ground floor RCC Building therein 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 grant stay of all further proceedings including demolition and dispossessing petitioner from her house property situated in an extent of Ac. 0-03 cents with RCC Ground floor building therein in R.S.No.478 of Denduluru Village and Denduluru Mandal, W.G. Dist., pursuant to the notice Dated 09.09.2019 pending the disposal of the main Writ Petition and pass IA NO: 1 OF 2020 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 vacate the interim order granted on 26.09.2019 passed in I.A No. 1 of 2019 in W.P No. 14302 of 2019 and pass Counsel for the Petitioner: 3 1. C VENKAIAH Counsel for the Respondent(S): 1. KOTI REDDY IDAMAKANTI (SC FOR ZPP MPP AND GRAM PAN) 2. GP FOR REVENUE (AP) 3. GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:14302/2019 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “issue an order or Writ under Article 226 of the Constitution of India more particularly one in the nature of Writ of Mandamus or Direction declaring that the notices Dt.09.09.2019 issued by 5th respondent-Panchayat Secretary Denduluru Grampanchayat cancelling petitioner’s house approved plan Dt.13.02.2019 which was approved by the same 5th respondent-Panchayat Secretary Denduluru Grampanchayat previously and requesting the petitioner to stop further constructions as illegal, arbitrarily, against the principles of natural justice and also violation of Provisions of Panchayat Raj Act and Rules framed there under and also offends Articles 14, 21, 86, 300-A of the Constitution of India and consequently direct the respondents not to interfere with petitioners peaceful possession and enjoyment her house and site situated in R.S.No.478 of Denduluru Village, Denduluru Mandal, W.G.Dist admeasuring an extent of Ac.0.03 cent with ground floor RCC Building therein and pass such other order or orders…” 2. Heard learned counsel for the petitioner, learned Government Pleader for Panchayat Raj and Rural Development for respondent Nos,1, 3 and 4, learned Government Pleader for Revenue for respondent Nos.2 and 6 and learned Standing Counsel for Gram Panchayat for respondent No.5. 5 3. Learned counsel for the petitioner submits that the petitioner herein is the resident of respondent No.5-Gram Panchayat and she has been in peaceful possession and enjoyment of the land admeasuring to an extent of Ac.0.03 cents in Sy.No.478 which is classified as Grama Kantam. The said enjoyment and possession of the petitioner was certified by the then respondent No.6/ Tahsildar vide certificate dated 13.06.2004. After issuance of enjoyment and possession certificate, the petitioner applied for building permission in respect of the subject land. After considering the same, the then 6th respondent granted permission for construction of a building (Ground and 1st floor) vide proceedings dated 13.02.2019. 4. Learned counsel for the petitioner further submits that even though permission was granted by the respondent No.5/ Gram Panchayat for Ground and 1st floor, the petitioner got constructed only ground floor in the subject property. While so, pursuant to the information received by the Panchayat Secretary that the subject land belongs to the irrigation department, respondent No.5 issued the 1st notice dated 09.09.2019 directing the petitioner to attend the Panchayat Office of the respondent No.5 on 11.09.2019 and to submit her explanation along with all the relevant documents to prove her title over the subject property. But, on the very same day, the respondent No.5 erroneously issued another notice cancelling building plan sanctioned in favour of the petitioner on the ground that the 6 subject land belongs to the Irrigation department. He further submits that both the notices were issued without any prior notice and without providing any opportunity of hearing to the petitioner. Moreover, the cancellation of the building plan which was already sanctioned in favour of the petitioner is contrary to the Section 121 in Andhra Pradesh Panchayat Raj Act, 1994 and principles of natural justice. Aggrieved by the same, the petitioner herein filed the present writ petition. 5. Learned counsel for the petitioner further submits that at the time of admission, after hearing both the learned counsel, this Court was pleased to pass an interim order dated 26.09.2019. The operative portion of the said order is extracted hereunder: “Therefore, both the parties shall maintain Status Quo obtaining as on today in respect of the building and land admeasuring Ac.0.03 cents situated in R.S.No.478 of Denduluru Village, West Godavari District.” 6. On the other hand, learned Government Pleader for Revenue for the respondents filed counter affidavit on behalf of respondent No. 6, wherein, the relevant portion of the said counter is extracted hereunder: “It is submitted that the petitioner was produced fake enjoyment certificate to the 5th respondent for house plan approval. The 5th respondent granted approval of house plan on 13.02.2019 basing the enjoyment certificate produced by the petitioner by influence of the political 7 pressures. As per the instructions of the Collector, West Godavari, Eluru, the 5th respondent cancel the building plan approval an extent of Ac 0.03 cents in R.S.No. 478 of Denduluru village, on 09.09.2019 because the said extent Ac.0.03cent situated in objectionable encroachment in canal poramboke. The Collector, West Godavari suspended the Grampanchayat Secretary of Denduluru who was approved the building plan on 13.02.2019 without following the rules and regulations vide proceeding No. A1/e-1747496/2019 dt.12.09.2019. The petitioner's encroached site is located in objectionable canal poramboke in R.S.No.478 of Denduluru village. The land in R.S no.478 was not a gramakantam land as Revenue RSR, it is canal poramboke land. The petitioner husband raised small hut in the said encroached canal land for cattle only. They are not residing in the said hut. The petitioner and his husband living with his son in RCC building far nearer to the said encroached hut. His son was present Ex- M.P.TC in Denduluru village, by the influence the petitioner obtained fake enjoyment certificate and produced the same for building plan approval. The Ex-Gram Panchayat Secretary, Denduluru was approved building plan to the petitioner without following the rules and regulations on 13.02.2019. 7. The Learned Government Pleader for the respondents further submits that, although the petitioner was issued an enjoyment and possession certificate, the subject land is classified in the revenue records as "channel poramboke" land. Therefore, no construction activity can be permitted merely on the basis of the possession certificate issued by the then respondent No.6. 8 He further submits that respondent No.6 denied the issuance of possession certificate on the ground that he never worked as Tahsildar, Denduluru Village. Consequently, the claim of the petitioner that the petitioner has been in possession and enjoyment of the subject land and is entitled to make constructions in the subject land is contrary to the nature of the land as well as the principles laid down by this Court as well as the Apex Court. Therefore, the writ petition is liable to be dismissed. 8. Learned Standing Counsel for respondent No.5-Gram Panchayat submits that, in view of the classification of the subject land as "channel poramboke," the building permission earlier granted in favour of the petitioner was accordingly cancelled. He further submits that in view of the interim order dated 26.09.2019 passed by this Court, till date, the respondents not proceeded further in respect of the subject construction. 9. Considering the submissions made by the learned counsel for the petitioner, learned Government Pleader and learned Standing Counsel for the respondents, it appears that the subject property i.e., Ac.0.03 cents in R.S.No.478 of Denduluru Village, West Godavari District, is undisputedly a Government land belonging to the irrigation department and the same is classified as channel poramboke. It further appears that owing to the petitioner’s longstanding occupation and enjoyment of the land, an enjoyment and possession certificate was allegedly issued by the then respondent No.6. 9 However, respondent No.6 has categorically denied issuing such a certificate, stating that he never held the post of Tahsildar of Denduluru Village and Mandal. In view of this contradiction, the genuineness and validity of the said possession certificate require further adjudication. Moreover, the permission/sanction plan granted by the Gram Panchayat in favour of the petitioner, as admitted in the notice dated 09.09.2019, appears to have been issued in the absence of any valid title deed and such action is contrary to the Section 121 of the Panchayat Raj Act, 1994 and the Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002. It further appears that issuance of notices on 09.09.2019 without issuing any prior notices and cancelling the building plan which was already sanctioned by the 5th respondent is also contrary to the provisions of the Act as well as principles of natural justice. Further, the possession certificate produced by the petitioner also appears to be not genuine and the same was not issued by the authority concerned since the signatory of the said document has never worked as Tahsildar of Denduluru Village and Mandal. 10. In view of the facts and circumstances as stated above, this Court is of the opinion that the 5th respondent issued notices on 09.09.2019 without adhering to the principles of natural justice. Hence, the impugned notice dated 09.09.2019 is liable to be set aside. However, considering that the possession/enjoyment certificate relied upon by the petitioner appears to be of 10 doubtful authenticity, and its genuineness is seriously disputed, the matter requires further inquiry. Therefore, the respondent authorities are at liberty to proceed in accordance with law, after conducting a proper verification and affording due opportunity to the petitioner. 11. In view of the reasons stated above, the writ petition is disposed of, with the following directions: i) the impugned proceedings/ notice issued dated 09.09.2019 issued by respondent No.5 is hereby set aside. ii) Further, the respondents herein shall proceed further by following procedure in accordance with law, after conducting a proper verification and affording due opportunity to the petitioner, at the earliest not later than three (03) months from the date of receipt of a copy of this order. In the meanwhile, the respondents are directed not to interfere with the subject building and land of the petitioner. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 28.08.2025 BSP 11 396 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.14302 of 2019 28.08.2025 BSP