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2025 DAILYLAW 43789 (AP)

MEDISETTI SOUDAMANI v. THE STATE OF ANDHRA PRADESH

WP/10018/2025 · 2025-04-27

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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1 THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 10018 of 2025 ORAL ORDER: Heard Sri T.N.M. Ranga Rao, learned Counsel for the Writ Petitioner, Sri Panku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Sri V. Sai Kiran, learned Counsel appearing on behalf of Sri Y. Koteswara Rao, learned Standing Counsel for Gram Panchayat. 2. The present Writ Petition is filed seeking the following relief: “…pleased to issue writ of mandamus declaring the action of the Respondent No.4 in issuing the notices dated 22-03-2025 and 04-04-2025 without considering the explanation given by the Petitioner dated 4-11-2023 and 8-11-2023 and documents shown by the Petitioner, ignoring the order passed in WP.No.30719 of 2023 dated 28-11-2023 and without giving personal hearing to the petitioner as time fixed by the Hon'ble Court as illegal, arbitrary, and violation of the fair play and natural justice and violation of the Article 14, 16, 19(g), 21 and 300A of Constitution of India consequentially set aside the impugned final notices dated 22-03-2025 and 04-04-2025 otherwise cause in justice to petitioner herein…” 3. The Writ Petitioner has challenged the Proceedings issued by the Panchayat Secretary of Karapa Gram Panchayat (Respondent No.4) dated 04.04.2025 (Ex.P.1), wherein the Petitioner was directed to remove the unauthorized construction which was undertaken by the Writ Petitioner and her husband without submitting either the building plan or seeking any approval from the Gram Panchayat. A direction was given to the Writ Petitioner to remove the unauthorized and illegal structures within 16 days from the date of receipt of the Impugned Notice dated 04.04.2025 (Ex.P.1). In terms of this Notice, the Writ Petitioner was required to remove the unauthorized structures on or before 20.04.2025. It is indicated in the Notice that if the unauthorized structures are not 2 removed by this date, i.e., by 20.04.2025, the Panchayat Secretary of Karapa Gram Panchayat (Respondent No.4) would have the unauthorized structures demolished on 21.04.2025. It was also stated in the Impugned Proceedings that the Writ Petitioner is under the obligation to reimburse the expenditure incurred for such demolition. 4. On 17.04.2025, this Court had directed the Official Respondent to furnish the Written Instructions as regard the status of the Representation submitted by the Writ Petitioner dated 04.11.2023 and 08.11.2023 (Ex.P.7 & P.9 respectively). The Affidavit filed in support of the Writ Petitioner as well as the Written Instructions would indicate that the Writ Petitioner had filed W.P.No.20235 of 2023 on the previous occasion and that the Writ Petition was disposed of on 09.08.2023 with a direction to take necessary action based on the alleged Representation of the Writ Petition herein dated 04.11.2025. Thereafter, the Writ Petitioner has once again filed another Writ Petition bearing W.P.No.30719 of 2023. The said Writ Petition was allowed by the learned Single Judge of this Court on 28.11.2023, which copy of it is supplied on the Counsel for the Writ Petitioner along with the Written Instructions, wherein, the learned Single Judge of this Court had allowed the Writ Petition vide Order dated 28.11.2023 by setting aside the Impugned Notice dated 28.11.2023 with a direction to the Official Respondents to pass a reasoned Order after giving opportunity of hearing to the Writ Petitioner and the Respondents therein. 5. The Written Instructions would clearly indicate that in compliance of the direction of this Court dated 28.11.2023 in W.P.No.30719 of 2023, the Official Respondents have issued Notice to all the interested parties. The Written Instruction would also clearly indicate that an opportunity was granted to the Writ Petitioner to make her submissions. The husband of the Writ Petitioner appeared on behalf of the Writ Petitioner. It is stated in the Written Instructions that the Writ Petitioner has admitted the fact that there is no approved plan issued by the Panchayat for undertaking the alleged illegal construction. It is also stated that 3 the Writ Petitioner is not even aware of the fact that there is a requirement to seek approval from the Panchayat before undertaking any construction. It is also stated that the Writ Petitioner had undertaken to pay the penalty for regularizing illegal construction. After having heard the parties, the Impugned Notice dated 04.04.2025 (Ex.P.1) was issued. 6. The above facts would make it clear that the Impugned Notice had been issued after the Writ Petitioner had availed all opportunities, in compliance with the directions of this Court in W.P.No.30719 of 2023. 7. This Court is of the view that there is no violation of principles of natural justice, inasmuch as the Official Respondents has given sufficient opportunity to the Writ Petitioner to present the case and that the husband of the Writ Petitioner has appeared before the Respondent Authorities and had admitted to the fact that the Writ Petitioner did not seek any prior approval from the Panchayat, which is a mandatory/statutory requirement before undertaking the construction. In this view of the matter, the Proceeding which is issued by the Panchayat Secretary of Karapa Gram Panchayat (Respondent No.4) is legal and valid and that there is no illegality in the same. In the above premise, this Writ Petition is devoid of any merit. 8. Accordingly, this Writ Petitioner is dismissed. No order as to costs. 9. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 28.04.2025 DSV