::1:: APHC010562122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29057/2025 Between: 1. S.N.R FLY ASH BRICKS COMPANY,, REP. BY SHAIK MAHABOOB SUBHANI, S/O. SHAIK JHONNY,AGED ABOUT 53 YEARS, R/O.LAM VILLAGE AND MANDAL, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY (PANCHAYAT RAJ AND RURAL DEVELOPMENT), AP SECRETARIAT, VELAGAPUDI, AMARAVATI-522238 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, GOVERNMENT OF ANDHRA PRADESH, TADEPALLI, GUNTURDISTRICT, ANDHRA PRADESH-522501. 3. THE LAM GRAM PANCHAYAT, REP. BY ITS SECRETARY, LAM VILLAGE, THADIKONDA MANDAL, GUNTUR DISTRICT. 4. THE DISTRICT PANCHAYAT OFFICER, GUNTUR DISTRICT. 5. THE MANDAL DEVELOPMENT OFFICER, MANDAL PRAJA PARISHAD, THADIKONDA MANDAL, GUNTUR DISTRICT. 6. THE DISTRICT COLLECTOR, GUNTUR DISTRICT. ::2:: 7. THE TAHSILDAR, THADIKONDA MANDAL, GUNTUR DISTRICT. 8. THE CENTRAL POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, BESIDE POLYTECHNIC COLLEGE, ITI ROAD, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH. 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 of Mandamus or any other appropriate writ or direction declaring the impugned notice issued by the 3rd Respondent dated 15.10.2025 there by unilaterally suspending the no objection certificate issued on 01.07.2025 as illegal, arbitrary, violative of principles of natural justice and also violative of Article 14, 19, 21 and 300-A of the constitution of India and contrary to the provisions of AP Panchayat raj Act, 1994 and rules thereunder and consequently set-aside the same Counsel for the Petitioner: 1. KANAKALA DEVI PRASANNAKUMAR Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE ::3:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29057/2025 The Court made the following: ORDER: The Writ Petition under Article 226 of the Constitution of India is filed by the Petitioners for the following relief: “..to issue a Writ of Mandamus or any other appropriate writ or direction declaring the impugned notice issued by the 3rd Respondent dated 15.10.2025 there by unilaterally suspending the no objection certificate issued on 01.07.2025 as illegal, arbitrary, violative of principles of natural justice and also violative of Article 14, 19, 21 and 300-A of the constitution of India and contrary to the provisions of AP Panchayat raj Act, 1994 and rules thereunder and consequently set-aside the same..” 2. Learned counsel for the petitioner submits that the vacant land to an extent of Ac.0.75 cents in Sy.No.199/A in Lam Village, Tadikonda Mandal, Guntur District lying within the compound wall and in possession and enjoyment of one Bilal Masjeed Sangam bearing its registration No.195/2016 was identified for establishment of Fly Ash Brick Company i.e., the petitioner herein. Accordingly, the petitioner company was entered into a rental-cum-lease agreement with Bilal Masjeed Sangam for the purpose of construction of Fly Ash Bricks Unit. The petitioner obtained all necessary permissions from concerned Departments and commenced ::4:: commercial operations on 25.06.2025. The petitioner also obtained “No Objection Certificate” from the 3rd Respondent for getting electricity connection from the 8th respondent. 3. While things stood thus, solely basing upon a newspaper article published on 08.10.2025, the 3rd respondent issued notice dated 15.10.2025 suspending the “No Objection Certificate” issued by him on 01.07.2025 for manufacturing of Fly Ash Bricks to the petitioner, stating that certain dispute was arose regarding the ownership rights over the subject land belonging to Bilal Masjeed Sangham and others. Learned counsel for the petitioner further submits that though the impugned notice dated 15.10.2025 is styled as “notice”, but the same is in the nature of a final order. Hence the Writ Petition. 4. Learned Standing Counsel for Gram Panchayat filed written instructions submitted by the 3rd Respondent wherein it is stated that since a dispute arose with regard to the title and rights of the Managing Committee, to prove the rights over the land of Bilal Masjid Sangham the relevant documents are to be submitted to the Grampanchayat. Till such time the NOC issued by the 3rd Respondent to the APCPDCL for granting of new electricity connection in favour of the petitioner is temporarily withdrawn and after confirming the rights and title over the land by the 7th ::5:: Respondent, action would be taken for restoration of No Objection Certificate. 5. In view of the submissions made by both the counsel, this Court is inclined to dispose of the Writ Petition directing the petitioner to submit his representation/explanation to the notice dated 15.10.2025 issued by the Respondent No.3 within a period of two (2) weeks from the date of receipt of a copy of this order with all relevant documents to prove his possession over the subject property and upon such representation/explanation, the respondent authorities after affording an opportunity of hearing to petitioner and other stakeholders if any, pass appropriate speaking orders in accordance with law within a period of two (2) months thereafter. Till such time, the Respondents are directed not to dispossess the petitioner from the subject land, and not to disconnect electricity connection on the ground of title dispute regarding subject land, without following due process of law. No costs. Consequently, interlocutory applications pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA,J Dt:17.10.2025 krk ::6:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA 164 WRIT PETITION NO: 29057/2025 17.10.2025 krk