THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.22084 OF 2024 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief: “to issue writ of mandamus declaring the order (undated) passed by the 4th respondent as illegal, irregular, arbitrary and violative of the provisions of Andhra Pradesh Panchayatraj Act, 1994 and Article 300-A of the Constitution of India and consequently, direct the respondents to grant plan approval for the construction of residential house in his property admeasuring 229.44 sq.yards in Sy.No.529-1A1 in Chitvel Village and Mandal, Annamaiah District, Erstwhile YSR Kadapa District to the petitioner.” 2. The case of the petitioner is that he is the absolute owner, possessor, and enjoyer of a house property measuring 229.44 square yards in Sy. No. 529-1A1 situated in Chitvel Village and Mandal, Annamaiah District. The said property was acquired by the petitioner through a registered Sale Deed dated 04.04.2015 from his vendor, who in turn had acquired title to the property through a registered Sale Deed dated 20.01.2015. Ever since the date of NV,J W.P.No.22084 of 2024 2 purchase, the petitioner has been in peaceful possession and enjoyment of the said property without any interruption. However, the title of the petitioner and his vendor came to be disputed by Respondent No.4 – the Gram Panchayat, which claimed ownership over the subject property. In this regard, Respondent No.4 instituted a suit, O.S. No. 86 of 2015, before the Court of the Junior Civil Judge, Rajampeta, against the petitioner and his vendor. The said suit was dismissed by judgment dated 18.01.2023, wherein the learned Trial Court confirmed the ownership and possession of the petitioner. Pursuant to the said judgment and decree, the petitioner submitted an application/representation to Respondent No.4 – Gram Panchayat, seeking approval of a building plan for the construction of a residential house on the subject property. However, Respondent No.4 rejected the said application on the ground that the subject property vests with the Gram Panchayat and is panchayat property, and therefore declined to grant permission for the construction of a residential building and commercial complex. Aggrieved by such rejection, the petitioner has preferred the present writ petition, challenging the impugned endorsement issued by Respondent No.4. NV,J W.P.No.22084 of 2024 3 3. During the course of hearing, Sri K. Koutilya, learned counsel for the petitioner contended that the rights between the petitioner and Respondent No.4 – Gram Panchayat have already been adjudicated and determined by the competent civil court by way of judgment and decree dated 18.01.2023. Consequently, the petitioner, being declared as absolute owner, is entitled to enjoy and make use of the property, including construction thereon. Learned counsel further submitted that even though First Appeal is said to be pending, there is no injunction or stay order operating against the petitioner. Therefore, in the absence of any such restraint, Respondent No.4 has no authority to reject the petitioner’s building plan on the guise of pending appeal. The rejection of the petitioner’s application is arbitrary, and contrary to the mandate of Section 121 of the Andhra Pradesh Panchayat Raj Act, 1994. Accordingly, the impugned rejection order is liable to be set aside. 4. On the other hand, learned Standing Counsel appearing for Respondent No.4 – Gram Panchayat filed counter affidavit, wherein it is stated that, as per amendment made in Act No.14 of 2021 and as per Sections 58 & 91 of APPR Act, 1994, the Panchayat is the owner of all vacant and unoccupied land of Gramakantam. The property in question is vacant Gramakantam land. The Grampanchayat, Chitvel NV,J W.P.No.22084 of 2024 4 village and Mandal have filed suit in O.S.No.86 of 2015 in the Court of Junior Civil Judge, Rajampet and the same was dismissed basing on the averments made by the plaintiffs that the revenue authorities are competent persons regarding Gram Natham Property. The District Panchayat Officer/Respondent No.2 filed First Appeal before the Senior Civil Judge, Rajampet and it is pending. As the matter was pending in the Lower Court i.e. the Court of the Senior Civil Judge, Rajampet, the Grampanchayat, Chitvel village and mandal rejected the plan of the petitioner and resolved to go to Higher Court for appeal. In view of the above, requested this Court to direct the petitioner to settle the issue relating to subject property site in the Court of the Senior Civil Judge, Rajampet, Annamayya District. He further submits that, still the appeal filed by the Respondent No.2 is pending for consideration and till disposal of the appeal, the subject property is in dispute and the Gram Panchayat need not approve the permission and plan, as requested by the petitioner. 5. Learned counsel for the petitioner filed reply to the counter affidavit filed by Respondent No.4, reiterating the contentions in the writ affidavit. NV,J W.P.No.22084 of 2024 5 6. Upon considering the submissions made by learned counsel for the petitioner, learned Standing Counsel for Respondent No.4, and learned Government Pleader for Respondent Nos.1 to 3, it appears that the petitioner and his vendor acquired the subject property through registered sale deeds in the year 2015. Since then, they have been in continuous possession and enjoyment of the said property. As per the classification in the revenue records, the subject land is categorized as “Gram Natham” property, which ordinarily vests with the Gram Panchayat. On that basis, the claim of title by the petitioner was initially disputed, contending that the sale deeds executed in favour of the petitioner and his vendor were invalid. Respondent No.4 – Gram Panchayat instituted O.S. No. 86 of 2015 before the Court of the Junior Civil Judge, Rajampeta. Upon full-fledged trial and hearing, the said suit was dismissed by judgment dated 18.01.2023, whereby the trial court rejected the claim of the Gram Panchayat and confirmed the petitioner’s ownership over the subject property. 7. It is further observed that Respondent No.4 has preferred an appeal against the said judgment before the Court of the Senior Civil Judge, Rajampeta, which is currently pending consideration. However, no interim order or injunction has been passed restraining the petitioner from exercising his rights over the subject property. NV,J W.P.No.22084 of 2024 6 8. It is a settled position of law that once a competent civil court has determined title in favour of a party, such person is entitled to enjoy the property in accordance with law, including the right to construct thereon, as part of the right to life and personal liberty under Article 21 of the Constitution of India. In the absence of any order of restraint, the petitioner cannot be deprived of such enjoyment merely on the basis of a pending appeal. 9. In view of the above, the petitioner is entitled to submit an application, along with a building plan, in accordance with the provisions of the Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002, for approval of construction on the subject land. If such an application is submitted, Respondent No.4 – Gram Panchayat shall consider and process the same strictly in accordance with law, uninfluenced by the pendency of the appeal, unless specifically directed otherwise by a competent court. 10. It is, however, clarified that in the event Respondent No.4/Gram Panchayat succeeds in the pending appeal, any construction carried out pursuant to the sanctioned plan shall be at the petitioner’s own risk. In such event, the petitioner may be entitled to seek appropriate NV,J W.P.No.22084 of 2024 7 relief, including damages or compensation, subject to adjudication in accordance with law. 11. With the above direction, the writ petition is disposed of. No costs. 12. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:08.09.2025 SP NV,J W.P.No.22084 of 2024 8 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.22084 OF 2024 Date:08.09.2025 W SP