APHC010490452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25093/2025 Between: 1. KOLLURI HARI BABU, S/O. BASAVAIAH, AGED ABOUT 44 YEARS, OCC AGRICULTURIST, R/O. KOYAVARIPALEM VILLAGE, H/O. PETLURU, KONDEPI MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE MANDAL PARISHAD DEVELOPMENT OFFICER, MANDAL PRAJA PARISHAD OFFICER, KONDAPI ONGOLE, PRAKASAM DISTRICT. 3. THE KONDAPI GRAM PANCHAYATHY, REP. BY IT'S PANCHAYAT SECRETARY, KONDAPI VILLAGE AND MANDAL, PRAKASAM DISTRICT. ...RESPONDENT(S): 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 topleased to issue an order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No. 3 in not considering the petitioner's application/representation dated.01.09.2025 sent through registered post and same received by the 3rd Respondent on 02.09.2025 requesting for granting of building construction permission for Plot 2 No. 22 in Sy No. 71/2 and 72/3 to an extent of 252.23 Sq.yard of K.G.Kandrika Village, Kondapi Mandal, Prakasam District as illegal, arbitrary, violative of Articles 14, 21, and 300-A of the Constitution of India and contrary to the Andhra Pradesh Panchayat Raj Act and consequently direct the Respondent No.3 not to take any coerceive steps till considering the petitioner's application/representation dated.01.09.2025 sent through registered post and same received by the 3rd Respondent on 02.09.2025 requesting for granting of building construction permission for Plot No. 22 in Sy No. 71/2 and 72/3 to an extent of 252.23 Sq.yard of K.G.Kandrika Village, Kondapi Mandal, Prakasam District and to pass IA 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 pleased to direct the Respondent No.3 not to take any coerceive steps till considering the petitioner's application/representation dated.01.09.2025 sent through registered post and same received by the 3rd Respondent on 02.09.2025 requesting for granting of building construction permission for Plot No. 22 in Sy No. 71/2 and 72/3 to an extent of 252.23 Sq.yard of K.G.Kandrika Village, Kondapi Mandal, Prakasam District forthwith pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. SHAIK MEERAVALI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.25093 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “ to issue an order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.3 in not considering the petitioner’s application/representation dated 01.09.2025 sent through registered post and same received by the 3rd Respondent on 02.09.2025 requesting for granting of building construction permission for Plot No.22 in Sy.No.71/2 and 72/3 to an extent of 252.23 Sq yard of K.G.Kandrika Village, Kondapi Mandal, Prakasam District as illegal, arbitrary, violative of Articles 14, 21 and 300-A of the Constitution of India and contrary to the Andhra Pradesh Panchayat Raj Act and consequently direct the Respondent No.3 not to take any coercive steps till considering the petitioner,s application/representation dated 01.09.2025 sent through registered post and same received by the 3rd Respondent on 02.09.2025 requesting for granting of building construction permission for Plot No.22 in Sy.No.71/2 and 72/3 to an extent of 252.23 Sq yard of K.G.Kandrika Village, Kondapi Mandal, Prakasam District and to pass such other order or orders...” 2. Heard learned counsel for petitioner, learned Standing Counsel for respondent No.3 and the learned Government Pleader for the other respondents. 3. Learned counsel for the petitioner submits that petitioner herein is the absolute owner and possessor of the Plot No.22 in Sy.No.71/2 and 72/3 to an extent of 252.23 Sq.yds of K.G.Kandrika Village, Kondapi Mandal, Prakasam District, having acquired the same through registered sale deed dated 20.08.2024. Since then, the petitioner has been in peaceful possession and enjoyment of the subject property. While things stood thus, one Sri G.Srinivasulu is interfering with the subject property of the petitioner claiming title over the 4 subject property. For which, the petitioner herein instituted a suit in O.S.No.789/2024 on the file of the Principal Junior Civil Judge, Kandukur seeking permanent injunction, wherein, the Trial Court was pleased to pass ad-interim injunction in favour of the petitioner on 27.11.2024. 4. Learned counsel for the petitioner further submits that the petitioner herein submitted a representation/ application dated 01.09.2025 requesting for grant of building construction permission at the subject plot. Even after receipt of the said representation/ application, the respondent No.3 herein neither considered the same nor issued any other proceedings on the guise that the civil proceedings are pending before the Trial Court. Further, the respondent No.3 is interfering with the subject property and not allowing the petitioner to make further constructions on the guise that the subject land was not suitable for any constructions. Aggrieved by the same, the petitioner herein filed the present writ petition. 5. On the other hand, learned Standing Counsel for the respondent No.3, furnished written instructions dated 21.09.2025 along with the proceedings dated 19.02.2025 issued by the Tahsildasr, Kondapi. The relevant portion of the said instructions dated 21.09.2025 is extracted hereunder: “It is submitted that the petitioner requested for granting of building construction permission for Plot No.22 in Sy.No.71/2 and 71/3 to an extent of 252.23 Sq.yds which was located in the unauthorised layout of K.G.Kandrika Village, Kondapi Mandal, Prakasam District. It is further humbly submitted that the Tahsildar, Kondapi issued the proceedings Rc.Dt/137/2024, dated 19.02.2025 stating that the above layout is an unauthorised 5 layout and there is no conversion was made from the agriculture to non-agriculture. In view of the same, this Gram Panchayat not ready to grant building permission to the petitioner’s Plot No.22, since the petitioner’s Plot No.22 is located in unauthorised layout.” Relevant portion of the proceedings dated 19.02.2025 is extracted hereunder: Hence, it is clear that the subject land is a patta land and both parties have got injunction orders separately for the same land and trying to enter into the land causing law and order problem frequently and it is not deciedable the possession of both the parties in the land as it is not an agricultural land, covered in an un-authorised layout. In view of the above, I request the District Collector, Prakasam to issue necessary orders to keep Sy.Nos.71-2 and 71-3 total an extent of Ac.3.17 cents of K.G.Kandrika Village of Kondapi Mandal in the dispute register, so as to prevent further transactions. 6. Learned Standing counsel for the respondents further submits that the proposed construction of the petitioner at the subject place is located in an unauthorised layout and the subject land was not converted from the agricultural to non-agricultural as required for permitting the petitioner to make any constructions. He further submits that due to law and order problem in respect of extent of land Ac.3.17 cents in Sy.No.71-2 and 71-3 situated at K.G.Kandrika Village of Kondapi Mandal, the subject land was kept in dispute register. Apart from that, the respondent No.3 also issued notice dated 20.05.2025 by registered post directing the petitioner not to make any construction without there being any permission. It is further stated in the notice that if any construction is carried out, 6 the same will be declared as illegal and action will be initiated by the Gram Panchayat. Even after receipt of the said notice on 02.09.2025, the petitioner neither submitted any explanation nor filed same before this Court. 7. Considering the submissions made by the learned counsel for the petitioner and learned Standing counsel for the respondents and on perusal of the written instructions submitted by respondent No.3, it appears that the Plot No.22 in Sy.Nos.71/2 and 72/3 to an extent of 252.23 Sq.yds of K.G.Kandrika Village, Kondapi Mandal, Prakasam district was acquired by the petitioner in the year 2024. As per the proceedings dated 09.02.2025 issued by the Tahsildar, the entire land to an extent of Ac.3.17 cents in Sy.Nos.71/2 and 71/3 is kept in dispute register in view of the civil dispute pending before the Trial Court and also the law and order problem. The same is also evident from the Suit filed by the petitioner against the defendant who is claiming title over the subject property and interfering with the subject property of the petitioner. In fact, the subject land was not converted from the agricultural land to non-agricultural land and there is no approved lay out to make construction as requested by the petitioner. However, once the respondent No.3 received an application requesting for grant of building permission, it is the statutory duty casted upon the respondent No. 3 to consider the same and to pass appropriate orders as per the Section 121 of the Andhra Pradesh Panchayat Raj Act, 1994. 8. In view of the foregoing discussion, the present writ petition is disposed of, directing the respondent No.3 to consider the application dated 01.09.2025 submitted by the petitioner and pass a speaking order within a period of four (04) 7 weeks from the date of receipt of a copy of this order. Till passing of such order, status quo obtaining as on today shall be maintained by the respondents in respect of the construction as well as possession of the property of the petitioner. There shall be no order as to costs. Consequently, miscellaneous petitions, pending, if any, shall stand closed. __________________________________ VENKATESWARLU NIMMAGADDA, J Date:24.09.2025 BSP 8 48 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.25093 OF 2025 DATED:24.09.2025 BSP