THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.10662 OF 2020 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India, to issue writ of mandamus, declaring the Notice in Roc.No.03/2020 dated 04.06.2020 issued by the 3rd respondent as illegal, arbitrary and consequently set-aside the same. 2. The case of the petitioner herein is that, the petitioner was granted house patta site in an extent of Ac.0-03 cents in S.No.130/1 of Pudi Village, Tada Mandal and Possession Certificate No.B/988/2003 dated 22.08.2003 was also issued by the 4th respondent. The petitioner had constructed a house in the site and has been paying taxes regularly. While so, the 3rd respondent Gram Panchayat issued notice Roc.No.02/2020 dated 04.06.2000 stating that the petitioner is preparing to construct the building by closing the Gram Panchyat Well situated in S.No.130/1 within Gram panchayat Jurisdiction, by violating the Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002 and further directed the petitioner to stop the construction forthwith, with a threatened action to demolish the structures. Challenging the notice dated 04.06.2000, the present writ petition is filed. NV,J W.P.No.10662 of 2020 2 3. Respondent Nos.2 & 3 filed counter affidavit stating that the petitioner has constructed the house without obtaining any permission from the respondents. Further, in the year 2020, the petitioner constructed one more additional shop room in front of the house by closing the Well. Therefore, consecutive notices came to be issued to the petitioner. The petitioner having failed to follow the procedure under Panchayat Raj Act, 1994, filed the writ petition and obtained interim order without disclosing the real facts and requested to dismiss the writ petition. 4. During hearing, learned counsel for the petitioner submits that, the Mandal Revenue Officer, Tada has issued House Site Possession Certificate in the year 2003 and even prior to issuance of the certificate, the petitioner and her family members were in possession of the subject house site and there was no well at any point of time in S.No.130/1 and the petitioner did not encroach and her occupation is permitted and recognized. The 3rd respondent gram panchayat has nothing to do with the house site allotted to the petitioner and the action of the gram panchayat in issuing notice is illegal, arbitrary and against principles of natural justice. 5. On the other hand, the learned Standing Counsel for the Gram Panchayat argues that the petitioner, in her explanation, clearly acknowledged the existence of a well and admitted about closing the NV,J W.P.No.10662 of 2020 3 same. However, in the writ affidavit, the petitioner concealed this fact by claiming that no well is existed and, therefore, there was no question of closing the same. Furthermore, mere issuance of such a certificate does not grant any ownership rights over the property. Consequently, the third respondent cannot be prevented from exercising its authority over the property, especially in view of illegal encroachments and unauthorized constructions. 6. Heard learned counsel for the petitioner and learned Standing Counsel for the Gram Panchayat and perused the material available on record. 7. No doubt, in fact, the petitioner was granted House site possession certificate No.B/988/2003 dated 22.08.2003 by the then Mandal Revenue Officer, Tada to an extent of Ac.0-03 cents in S.No.130/1 of Pudi Village, Tada Mandal. It is a fact that the petitioner did not obtain any permission for making construction of any shed or room whatsoever from the third respondent – Gram Panchayat. It is settled law that, any property holder within the jurisdiction of the Gram Panchyat shall be obligated to obtain necessary permission from the concerned gram panchayat for undertaking any constructions. Without obtaining any permission from the Gram Panchayat, as contemplated under Section 12 of the Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002 , making constructions NV,J W.P.No.10662 of 2020 4 is illegal. As far as the nature of occupation of subject land by the petitioner, it cannot be termed as encroached. Once the nature of land of possession is permitted and recognized and graned possession certificate to that effect, the petitioner cannot be evicted to the extent as admitted at certificate as an encroacher by mere summary procedure, in view of the long standing possession, unless the certificate of possession was cancelled in accordance with law. In the instant case, admittedly, no permission was obtained by the petitioner from the Gram Panchayat for making constructions i.e. room or shed. Section 121 of the Andhra Pradesh Panchayat Raj Act, 1994, empowers the Gram Panchayat to grant permission for constructions, reconstructions, additions, or alterations to buildings within its limits and no building shall be constructed or changed without permission. Therefore, in view of the settled law, the third respondent gram panchayat is at liberty to proceed further against the petitioner, in accordance with law. 8. With the above direction, writ petition is disposed of. No costs. 9. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:10.09.2025 SP NV,J W.P.No.10662 of 2020 5 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.10662 OF 2020 Date:10.09.2025 W SP