APHC010471182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) I WEDNESDAY, THE TENTH DAY OF SEPTEMBER ! TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24166 OF 2025 v:\ N Between: Kondamuri Ammani, W/o Vishnumurthy, aged 47, R/o D.No.2-73, main road, Kapavaram, Ramachandrapuram Mandal, Dr. Br. Ambedkar Konaseema District ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development A.P. Secretariat, Velagapudi, Amaravathi. 2. The District Collector, Dr BR Ambedkar Konaseema District, At Amalapuram. 3. The Kapavaram Gram Panchayat, Rep. by its Panchayat Secretary, Ramachandrapuram Mandal, Dr BR Ambedkar Konaseema District. 4. The Revenue Divisional officer, Ramachandrapuram, Dr BR Ambedkar Konaseema District. 5. The Tahsildar, Ramachandrapuram Mandal, Dr BR Ambedkar Konaseema District. ...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 a Writ, order or a direction more particularly one in the nature of Writ of Mandamus, declaring the action of 3'^'^ respondent in issuing order/notice dated 2-9-2024 and further in not considering the application dated 15-3-2025 submitted by the petitioner for grant of building permission in respect of land admeasuring 448 sq. yds, situated in Sy.No.91/1, Kapavaram village, Ramachandrapuram Mandal, Dr. Br. Ambedkar Konaseema District as illegal, highhanded, arbitrary, against law and violative of Article 300A of the Constitution of India and consequently i. set aside the order dated 15-3-2025 passed by 3rd respondent ii. direct the 3'^'^ respondent to grant permission for construction of residential building in land admeasuring 448 sq. yds, situated in Sy.No.91/1, Kapavaram village, Ramachandrapuram Mandal, Dr. Br. Ambedkar Konaseema District in accordance with rules lA NO: 1 OF 2025 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 direct the respondents to consider the application dated 15-3-2025 submitted by the petitioner for construction of a residential building in land admeasuring 448 sq. yds situated in Sy.No.91/1 of Kapavaram village, Ramachandrapura m Mandal, Dr. Br. Ambedkar Konaseema District Counsel for the Petitioner: SRI P VIVEK Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondents No.3: SRI Y KOTESWARA RAO The Court made the following order: APHC010471182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] [^:S WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24166/2025 Between: 1.KONDAMURI AMMAN!, W/0 VISHNUMURTHY, AGED 47, R/0 D.NO.2-73, MAIN ROAD, KAPAVARAM, RAMACHANDRAPURAM MANDAL DR. BR. AMBEDKAR KONASEEMA DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2.THE DISTRICT COLLECTOR, DR BR AMBEDKAR KONASEEMA DISTRICT, AT AMALAPURAM. 3.THE KAPAVARAM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT RAMACHANDRAPURAMMANDAL, DR BR SECRETARY, AMBEDKAR KONASEEMA DISTRICT. 4.THE REVENUE DIVISIONAL OFFICER, RAMACHANDRAPURAM, DR BR AMBEDKAR KONASEEMA DISTRICT. DR BR 5.THE TAHSILDAR, RAMACHANDRAPURAM MANDAL, AMBEDKAR KONASEEMA DISTRICT, ...RESPONDENT(S): * The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: To issue a Writ, order or a direction. more particularly one In the nature of Writ of Mandamus, declaring the action of 3rd respondent In issuing order/notice dated 2-9-2024 and further in not considering the application dated 15-3-2025 submitted by the petitioner for grant of building permission In respect of land admeasuring 448 sq. yds, situated in Sy.No. 91/1, Kapavaram village, Ramachandrapuram Mandal, Dr. Br. Ambedkar Konaseema District as illegal, highhanded, arbitrary, against law and violative of Article 300A of the Constitution of India and consequently i. set aside the order dated 15-3-2025 passed by 3rd respondent li. direct the 3rd respondent to grant permission for construction of residential building in land admeasurlng448 sq. yds, situated in Sy.No. 91/1, Kapavaram village, Ramachandrapuram Mandal, Dr. Br. Ambedkar Konaseema District In accordancewith rules and pass such " The case of the petitioner is that the petitioner is the absolute owner and possessor of land admeasuring to an extent of 448 square yards in Sy.No.91/1 of Kapavaram Village, Ramachandrapuram, Dr. B.R. Ambedkar Konaseema District, having acquired the subject land from her vendors through a registered sale deed dated 28.03.2009. Since then. 2. the petitioner has been in possession and enjoyment of the subject land. 3. The learned counsel for the petitioner submits that as the subject property consisted of an old tiled house, the petitioner got demolished the J . 1^4 tiled house demolished. After such demolition, the 3rd respondent/Gram Panchayat issued a notice dated 02.09.2024 to the the petitioner was proceeding with the construction of petitioner stating that a house/building without obtaining valid permission. He further submits that without there being any permission for construction of the house issued the impugned notice, which is the 3rd respondent in violation of the principles of natural justice and contrary to the Andhra Pradesh Gram Panchayat Building Rules. Immediately thereafter, for obtaining permission to construct a building/house on the subject land, the petitioner submitted a representation/application dated 15.03.2025 to the 3'' Panchayat seeking for building permission. He further respondent/Gram submits that even after receipt of the said representation/application of the petitioner dated 15.03.2025. the 3^" respondent/Gram Panchayat neither considered issued any proceedings so far. Hence, the writ petition. nor 4. On the other hand, the learned Standing Counsel respondent/Gram Panchayat submits that the petitioner submitted representation/application only on 15.03.2025, whereas issued to her on 02.09.2024 alleging that she had construction without obtaining valid authority. He further submits that the said petitioner was only in the form of for the 3rd her a notice was proceeded with illegal permission from the competent representation/application of the a representation without enclosing the required documents. He contends that unless the petitioner submits a proper application along with all the required documents including the building plan duly drawn by a licensed draftsman and attested by the local authorities, and pay the requisite fee, the said representation/application cannot be considered as a valid application for building permission under the relevant rules and provisions. 5. Heard the learned counsel for the petitioner, the learned Government Pleader for respondent Nos.1, 2, 4 and 5, and the learned Standing Counsel for the 3rd respondent/Gram Panchayat and perused the material available on record. 6. After considering the facts and circumstances as stated supra, this Court is of the considered opinion that, admittedly, the impugned notice dated 02.09.2024 was issued by the 3rd respondent, whereas the petitioner submitted her representation/application only on 15.03.2025. The said representation, allegedly submitted to the 3’'"^ respondent/Gram Panchayat, was neither acknowledged by the 3'^'^ respondent nor in the form of a proper application accompanied by the requisite documents and sanctioned plan. along with the prescribed fee, for obtaining building permission. Therefore, as contended by the learned Standing Counsel for the 3rd respondent/Gram Panchayat, the petitioner is hereby directed to submit a proper application describing the property details along with an approved building permission plan duly drawn by a licensed draftsman and to pay the requisite building fee. within a period of two (02) weeks from the date of receipt of a copy of this order. Upon submission of the same, the 3rd respondent/Gram Panchayat I N shall consider the application and pass appropriate orders in accordance with law within a further period of four (04) weeks. With the above direction, the writ petition is disposed of. No costs. 7. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd;-K SRINIVASA RAJU assistant REGIS.rtAR //TRUE COPY// ECTiO To, 1. The Principal Secretary, State of Andhra Pradesh, Panchayat Raj and Rural Development A.P. Secretariat, Velagapudi, Amaravathi. 2. The District Collector, Dr BR Ambedkar Konaseema District, At Amalapuram. 3. The Panchayat Secretary, Kapavaram Gram Panchayat, Ramachandrapuram Mandat, Dr BR Ambedkar Konaseema District. 4. The Revenue Divisional officer, Ramachandrapuram, Dr BR Ambedkar Konaseema District. 5. The Tahsildar, Ramachandrapuram Mandal, Dr BR Ambedkar Konaseema District. 6. One CC to SRI P VIVEK Advocate [OPUC] 7. Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV High Court of Andhra Pradesh [OUT] 8. One CC to SRI Y KOTESWARA RAO, Standing Counsel for Municipalities [OPUO 9. Two CD Copies gsg f <ir HIGH COURT DATED: 10/09/2025 ORDER WP NO. 24166 OF 2025 DISPOSING THE WP WITHOUT COSTS