1 NV,J W.P.No.18013 of 2019 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18013 OF 2019 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India, to declare the action of the respondent authorities in not initiating action against the illegal construction in the place of worship in Sy.No.133/2 in an extent of Ac.0-06 cents in Plot No.B, Adarsh Nagar, 13th Ward, Payakuraopet, Visakhapatnam. 2. Learned counsel for the petitioner submits that, the petitioner is a resident of Payakuraopeta villae. He purchased a residential house plot in Sy.No.133 of Adarsh Nagar. The said layout was approved in the year 1985. While so, the unofficial respondents herein i.e. Respondent Nos.8 to 10 commenced unauthorized construction in an extent of Ac.0-06 cents, Sy.No.133/2 in Plot No.B, Adarsh Nagar, 13th Ward, Payakuraopet, Visakhapatnam, without any permission. Even though the petitioner submitted a representation dated 13.12.2018 to Respondent Nos.6 to 8, no action was initiated against the said illegal construction. Questioning the inaction of the respondent authorities in not initiating any action against the illegal construction, the present writ petition is filed. 3. On the other hand, the learned Standing Counsel for the Payakaraopet Gram Panchayat has furnished written instructions dated 05.08.2025, based 2 NV,J W.P.No.18013 of 2019 on information received from the Panchayat Secretary, Payakaraopet. It is stated therein that the Gram Panchayat has passed Resolution No. 28(2), approving the construction of a Viswabrahmin Community Hall, with allocation of Rs. 5 lakhs from the funds sanctioned under the MP Local Area Development Scheme (MP-LADS) in the year 2018. However, the said action of construction of the community hall was challenged before this Hon’ble Court by way of the present writ petition. Pursuant to the interim orders dated 14.11.2019, this Hon’ble Court directed Respondent No.7 to halt further construction on Plot–B, which had been earmarked for open space for public purpose as per the approved layout plan by Respondent Nos.8 to 10, for a period of two months. Additionally, Respondent Nos.8 to 10 were restrained from undertaking any further construction activities on Plot–B. It is submitted that, due to the considerable lapse of time, the funds sanctioned under the MP Local Area Development Scheme (MP-LADS) had been lapsed, and as such, no construction can now be carried out, contrary to the allegations made by the petitioner and requested to dismiss the writ petition. 4. Heard learned counsel for the petitioner, learned Standing Counsel for Gram Panchayat and perused the material available on record. 5. Upon careful consideration of the material placed on record and the submissions advanced, it is evident that a considerable lapse of time has occurred in relation to the sanctioned funds under the Member of Parliament 3 NV,J W.P.No.18013 of 2019 Local Area Development Scheme (MP-LADS). Notably, the funds were sanctioned over six years ago. As per the Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002, any building permission granted by a Gram Panchayat is valid only for a period of one year. In the absence of a fresh sanction or renewed permission, no right accrues to undertake construction at the subject site. 6. Further, the Respondent No.3/the District Collector has already accorded permission, but due to the passage of time, the same cannot be acted upon without a fresh proposal. Therefore, the petitioner’s claim regarding ongoing construction of a place of worship, in continuation of the earlier sanction, cannot be sustained. Accordingly, the proposed construction at the site, in the absence of renewed sanction and permission, is not legally permissible. 7. With respect to the contention raised by the learned counsel for the petitioner regarding alleged attempts by the unofficial respondents to construct a place of worship on the subject land, the record reflects that the original resolution duly passed by the Gram Panchayat i.e. Resolution No. 28(2), specifically refers to the construction of a Viswabrahmin Community Hall, and not a place of worship. Moreover, the said resolution, coupled with the sanction granted by Respondent No.3, clearly establishes that it is not a construction of place of worship. In view of the above, the petitioner’s request 4 NV,J W.P.No.18013 of 2019 seeking removal of structures already constructed under the sanctioned plan for a community hall is devoid of merits. Accordingly, the said request is hereby rejected. 8. With the above direction, writ petition is disposed of. No costs. 9. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _____________________________________ VENKATESWARLU NIMMAGADDA,J 13.08.2025 SP 5 NV,J W.P.No.18013 of 2019 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18013 OF 2019 13.08.2025 W SP