'K IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 27756 OF 2016 Between: P.Srinivas, S/o P.Lakshmana Swamy Hindu, aged about 42 years D.No.48-8-5, Gogudanaiahpeta Jagannadhapuram, Kakinada East Godavari District. ...Petitioner AND 1. The State of Andhra Pradesh, rep. By its Principal Secretary, Panchyat Raj and Rural Department, Secretariat Buildings, Secretariat, Andhra Pradesh. Hyderabad. The District Collector, East Godavari District. Kakinada. The Revenue Divisional Officer, Kakinada, East Godavari District. The Tahsildar, Tallarevu Mandal East Godavari District. The Cholangipeta Grampanchayat, Represented by its Secretary, Cholangipeta, Tallarevu mandal. East Godavari District. The District Panchayat Officer, East Godavari District at Kakinada 2. 3. 4. 5. 6. ...Respondents 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 / s or direction Is more particularly in the nature of the Writ of Mandamus, declaring the Endorsement issued by the 5th respondent dt 09.10.2015, served on the petitioner on 15.6.2016, is illegal, arbitrary, capricious and is against to the principles of Natural justice and consequently to direct the respondents to permit the petitioner to C^i'nstruction of the RCC building s-i- as per Plan, in Survery No.46, ollangipeta Grampanchayat, Tallarevu Mandal, East Godavari District. % I.A^ NO: 1 OF 2016(WPMP. NO: 34383 OF 2016) 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 the impugned Endorsement issued by the 5th respondent, Dt 09.1C.2015, served on the petitioner on 15.6.2016, consequently to direct the 5th respondent to permit to construction of the RCC building as per Plan, in Survery No.46, chollangipeta Grampanchayat, Tallarevu Mandal, East Godavari District , pending disposal of this Writ Petition. Counsel for the Petitioner: SRI S SYAMSUNDER RAO Counsel for the Respondent Nos. 1&6: GP FOR PANCHAYAT RAJ & RURAL DEV -7 Counsel for the Respondent Nos. 2 to 4: GP FOR REVENUE Counsel for the Respondent No. 5: SRI Y KOTESWARA RAO SC FOR ZPP, MPP AND GP The Court made the following order: APHC010370772016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV^ATI (Special Original Jurisdiction) [3206] I THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AMD TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 27756/2016 Between: P.srinivas ...PETITIONER AND The State Of Andhra Pradesh Rep By Its Principal Secretary and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.SSYAMSUNDER RAO Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) 2.AS C BOSE 3.Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads.Mandal Praja Parishads and Gra 4.GP FOR PANCHAYAT RAJ & RURAL DEV (AP) The Court made the following order: The petitioner, claiming ownership of 726 Sq.yards of land in Sy.No.46 of Chollangi Gram Panchayat, Talalrevu Mandal, East Godavari District, had applied for building permission to the Gram Panchayat, which was arrayed as respondent herein, by an application, dated 23.05.2014. This application 2 RRR,J W.P.No.27756 of 2016 for building permission was rejected by the respondent on .29.05.2014, on the ground that the land in which the petitioner sought to construct the building is a site belonging to the Gram Panchayat. Aggrieved by the said endorsement, the petitioner has approached the erstwhile High Court of Andhra Pradesh, by way of W.P,No.20368 of 2014. A learned Single Judge, after going through the record and the 2. documents placed before him, was pleased to dispose of the Writ Petition by setting aside the endorsement, dated 29.05.2014, after holding that the building permission can be given in relation to land in Sy.No.46. The learned Single Judge had expressly rejected the contentions of the respondent- Gram Panchayat that building permission could not be given in Sy.No.46 as the land belongs to the Gram Panchayat. The 5‘^ respondent had filed W.A.Mo.853 of 2015 against the order of the learned Single Judge, dated 25.08.2014. At the stage of hearing. 3. the appellant did not propose to press the appeal and instead sought for a direction, to the Writ Petitioner herein, to apply afresh for building permission. The Division Bench disposed of the Writ Appeal, by an order, dated 18.09.2015, by recording the statement of the learned counsel for the writ petitioner herein that a fresh application would be made and for the Gram Panchayat to consider the application in accordance with law and in the light of the observations made by the learned Single Judge. > 3 RRR, J W.P.No.27756of2016 After the disposal of the Writ Appeal, the petitioner again respondent, on 30.09.2015, for grant of building 4. tti approached the 5 permission again. This application for grant of building permission was again rejected by the respondent by proceedings, dated 09.10.2015, which was served on the petitioner on 15.06.2016. A perusal of the endorsement would show that the Gram Panchayat has again taken the same ground, that the land is Gramakantarn land belonging to the Gram Panchayat, for rejectingthe building application. th respondent, in the earlier round of litigation, that the land belongs to the respondent, had been rejected by the learned Single Judge, by holding that the Gram Panchayat could not take such an objection. This decision of the learned Single Judge, in this regard, has become final, in as much as the 5*^ respondent, after filing the Writ Appeal, had chosen not to press the Writ Appeal and the same came to be disposed of as not pressed. The objection of the 5 5. In the light of the above facts, it is not open to the Gram Panchayat to raise the same objection again. 6. In the circumstances, this Writ Petition is allowed, setting aside the endorsement of the respondent, dated 09.10.2015, with a direction to process the building application of the petitioner, without raising the same objections and to pass orders, in accordance with law, within a period of three 7. 4 RRR,J W.P.No.27756 of 2016 order. There shall be no order as (03) months from the date of receipt of this to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K J RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary, Panchyat Raj, Andhra Pradesh, Secretariat Buildings, Secretariat, Velagapudi, Amaravathi, Guntur District 2. The District Collector, East Godavari 3. The Revenue Divisional Officer, Kakinada, 4. The Tahsildar, Tallarevu Mandal East Godavari and Rural Department, State of Andhra Pradesh, District. Kakinada. East Godavari District. District. 5. The Secretary, Cholangipeta Grampanchayat, Cholangipeta, Tallarevu mandal. East Godavari District. 6. The District Panchayat Officer, East Godavari 7. One CC to Sri. S Syamsunder Rao Advocate 8. One CC to Sri. Y Koteswara Rao SC forZPP, 9. Two CCs to GP for Panchayat Raj & Rural Dev Pradesh. [OUT] Two CCs to GP for Revenue , High Court Of Andhra District at Kakinada [OPUCJ MPP and GP [OPUC] . High Court Of Andhra 10. Pradesh. [OUT] 11. Three CD Copies GSC HIGH COURT DATED:10/04/2025 ORDER WP.No.27756 of 2016 I 01 MAY 2025 ^ ^ . Current Section ALLOWING THE WP WITHOUT COSTS