APHC010465592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24545 OF 2025 Between: V. Bhaskar Naik, S/o. Thippe Naik, Age. 40 years, Occ: Coolie, R/o. D.No. 7- 59, Pedapalli, Puttaparti Mandal, Sri Satya Sai District Andhra Pradesh - 515231. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. By its Principal Secretary, Panchayat Raj Department, Secretariat, Veiagapudi, Amaravati. 2. The Tahsildhar, Puttaparthy Mandal, Sri Satya Sai District. 3. The Panchayat Secretary, Pedapalli Gram Panchayat, Puttaparthy Mandal, Sri Satya Sai District. ...Respondents 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 an appropriate Writ, Order or Direction, more particularly one in the nature of WRIT OF WRIT OF MANDAMUS declaring the impugned action of the 3'^'^ respondent threatening the petitioner with demolition of his property situated at Sy. No. 157-1 admeasuring 3 cents at Pedapalli Village, Puttaparthy Mandal, Sri Satya Sai district without following due process of law, as illegal, arbitrary and in violation to the principles of Natural Justice and consequentially direct the 3'^'^ respondent to follow due process of the law V lA NO: 1 OF 2025 i Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents not to take any Coercive action against the petitioner property in sy.no. 157-1 admeasuring 3 cents at Pedapalli village, Puttaparthy mandal, Sri Satya Sai district. Pending Disposal of above Writ Petition. Counsel for the Petitioner: SRI SHAIK RAFI Counsel for the Respondent No.1 : GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.2 : GP FOR REVENUE Counsel for the Respondent No.3 : SRI M. SUDHIR, SC FOR GRAM PANCHAYAT The Court made the following order: APHC010465592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SES 0^1 [3329] MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24545/2025 Between: 1.V BHASKAR NAIK, S/0 THIPPE NAIK COOLIE, R/0 D.NO. 7-59, PEDAPALLI. PUTTAPARTI MANDAL, SRI SATYA SAI DISTRICT ANDHRA PRADESH - 515231. AGE. 40 YEARS, OCC. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, SECRETARY, VELAGAPUDI, AMARAVATI. 2.THE TAHSILDHAR, PUTTAPARTHY MANDAL DISTRICT. 3.THE PANCHAYAT SECRETARY, PEDAPALLI GRAM PANCHAYAT, PUTTAPARTHY MANDAL, SRI SATYA SAI DISTRICT. SRI SATYA SAI ...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 appropriate Writ, Order or Direction,more particularly one in the nature of WRIT OF WRIT OF MANDAMUS declaring the impugned action of the 3rd respondent threatening the petitioner with demolition of his property situated at Sy. No. 157-1 admeasuring 3 cents at Pedapalli Village, Puttaparthy Mandal, Sri Satya Sai district without following due process of law, as illegal, arbitrary and in violation to the principles of 2 n Natural Justice and consequentially direct the 3rd respondent to follow due process of the law and pass lA 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 Respondents not to take any Coercive action against the petitioner property in sy.no. 157-1 admeasuring 3 cents at Pedapalli village, Puttaparthy mandal, Sri Satya Sai district. Pending Disposal of above Writ Petition, and to pass Counsel for the Petitioner: 1.SHAIK RAFI Counsel for the Respondent{S): 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 3 «:> THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.N0.24545 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue an appropriate Writ, Order or Direction more particularly one in the nature of WRIT OF WRIT OF MANDAMUS declaring the impugned action of the 3"'^ respondent threatening the petitioner with demolition of his property situated at Sy. No. 157-1 admeasuring 3 cents at Pedapalli Village, Puttaparthy Mandal, Sri Satya Sai district without following due process of law as illegal, arbitrary and in violation to the principles of Natural Justice and consequentially direct the 3''' respondent to follow due process of the law and pass such other order or orders...” Heard learned counsel for petitioner, learned Government Pleader for Panchayat Raj and Rural Development and learned Standing counsel for Gram Panchayat for the respondents. Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor of the house bearing D.No.7-59 in Sy.No.157-1 admeasuring 3 cents situated at Pedapalli Village, Puttparthy Mandal, Sri Satya Sai District, having granted patta by the respondent No.2 vide patta dated 14.11.2023. While so, the petitioner with a view to make a construction over and above the subject vacant site, submitted an application dated 14.05.2025 seeking building permission to the respondent No.3, who is the competent authority for granting such permission. Learned counsel for the petitioner further submits that along with the application, the petitioner herein also submitted the building plan duly prepared by 2. 3. 4. <% the licensed engineer and ready to pay the building fee as assessed/ demanded by respondent No.3 herein. Even after receipt of the said application and after lapse of more than three (03) months, the respondents neither granted building permission nor rejected the same by way of any proceedings, so far. He further submits that in view of Rule 26 of the Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002, (in short ‘the Rules, 2002’) the respondent No.3 shall issue proceedings either granting/ rejecting the application of the petitioner submitted seeking for grant of building permission, within a period of fifteen (15) days from the date of receipt the said application. But. in the instant even though the application submitted by the petitioner was received by respondent No.3, three months ago, till date, the respondents not acted Consequently, the petitioner proceeded with the construction on the basis of deemed permission. Despite the same, the respondents have been interfering with and obstructing the petitioner’s construction activities. Aggrieved by the same, the petitioner herein filed the present writ petition. On the other hand, learned Standing Counsel for respondent No.3 submits that the application dated 14.05.2025 submitted by the petitioner, pending with the authorities, would be considered by the respondents, in accordance with law, within a reasonable time. Considering the submissions made by both the learned counsel and perusal of the material placed on record, it appears that the petitioner submitted an application dated 14.05.2025 seeking building permission along with the building plan and the same was also acknowledged by the respondent No.3 case. upon. 5. 6. on on 5 15.05.2025. It further appears that so far, respondent No.3 neither considered the same and granted any permission nor rejected the application contrary to the terms of Rule 26 of the Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002, (in short ‘the Rules, 2002’), which is extracted hereunder: “26. Sanction or refusal of Permission: The Layout plans/ building plans with drawings and specifications may be sanctioned with or without modifications or directions as are deemed necessary or refused by the Executive Authority within: (i) (15) days in case of individual residential buildings (ii) (30) days in case of other buildings. Where no orders are communicated by the Executive Authority of sanction or refusal of the permission, the Executive Authority shall be deemed to have permitted the proposed permission and the owner may go ahead with the work provided that the same: (I) is in accordance with these rules; (ii) the owner intimates in writing of his undertaking the construction/development. ” On perusal of the Rule stated supra, it appears that the petitioner is 8. empowered to proceed further with the construction as deemed permission in the event the respondent No.3 not acted on the application in accordance with the Rule 26 of the Rules, 2002. In view of the facts and circumstances as stated above, the respondent 9. No.3 is directed to consider the application dated 14.05.2025 submitted by the petitioner along the building plan and pass appropriate orders, within a period 6 A of four (04) weeks from the date of receipt of a copy of this order. Till then, the respondent No.3 is directed not to interfere v^/ith the construction of the petitioner. 10. With the above directions, the writ petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions, pending, if any, shall stand closed. Sdl- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Tahsildhar, Puttaparthy Mandal, Sri Satya Sai District. 3. The Panchayat Secretary, Pedapalli Gram Panchayat, Puttaparthy Mandal, Sri Satya Sai District. 4. One CC to Sri Shaik Rafi, Advocate [OPUC] 5. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh [OUT] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. One CC to Sri M. Sudhir, SC for Gram Panchayat (OPUC) 8. Two CD Copies Cnr HIGH COURT DATED:22/09/2025 ORDER WP NO. 24545 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS