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2025 DAILYLAW 54891 (AP)

Soma Rajeswari v. The State of Andhra Pradesh,

WP/18792/2024 · 2025-11-05

Ravi Cheemalapati

body2025

Judgment text

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APHC010369112024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY,THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 18792/2024 Between: Soma Rajeswari ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. P N MURTHY The Court made the following order: The short grievance of the petitioner herein is non-consideration of her representation dated 31.07.2024 submitted for prevention of illegal and unauthorized construction of RCC building by 5th respondent without obtaining requisite permission in Sy.No.85/4 situated in Vegiwada Village, Pedavegi Mandal, Eluru District. 2. Heard Smt Nimmagadda Revathi, learned counsel for the petitioner, Sri P.N.Murthy, learned counsel for 5th respondent, Sri Y.Koteswara Rao, learned Standing counsel for Gram Panchayat and Smt Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj. 3. Learned counsel for the petitioner in elaboration to what has been stated in the affidavit contended that, without obtaining any prior permission from the competent authority, the 5th respondent is making unauthorized construction without any setbacks and without leaving any road margins. Though the same was brought into the notice of the Gram Panchayat concerned, no action was initiated so far. She further submitted that, on 27.06.2025, the Gram Panchayat has placed written instructions on record wherein it was stated that the 5th respondent submitted a plan with a request for approval of the building plan and upon verification it appeared that the 5th respondent was seeking approval for an already constructed building. In the said circumstances, this Court has directed the 5th respondent to maintain Status-Quo obtaining as on that day until further orders. She further submitted that, it would suffice for the time being, if a direction is given to the respondent authorities to take steps against the unauthorized constructions in accordance with law. 4. On the other hand, learned Standing counsel for Gram Panchayat submitted that, the authorities would take steps against the unauthorized constructions, if any, in accordance law and prayed to pass appropriate orders in that regard. 5. Perused the record and considered the submissions of both the learned counsel. 6. The prime grievance of the petitioner is that the 5th respondent is making unauthorized construction without obtaining any prior permission from the competent authority, without any setbacks and without leaving any road margins. This Court, on 27.06.2025, upon considering the written instructions of the Gram Panchayat, has granted an interim order directing the 5th respondent to maintain Status-Quo obtaining as on that day until further orders. However, the respondent authorities have stated that they would take steps against the unauthorized constructions, if any made, in accordance law. In view of the same, instead of adjudicating the matter on merits, this Court is inclined to dispose of the writ petition with the following direction: The Gram Panchayat concerned is directed to verify whether the 5th respondent has made any construction without obtaining permission from competent authority. If it is found that the constructions are made contrary to law, the Gram Panchayat is directed to take steps in accordance with law, by issuing show cause notice inviting explanation and providing an opportunity of personal hearing to the petitioners and communicate the same to the petitioners within three(03) months from the date of receipt of copy of this order. Accordingly, the writ petition is disposed of. No costs. Miscellaneous applications, pending if any, shall stand closed. ________________________ JUSTICE RAVI CHEEMALAPATI BRS