APHC010082382019 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) Tuesday, the eighteenth day of September, two thousand and twenty six The Honourable Writ Petition Between: V.Tirumala, S/o. Raghuramaiah Age: 28 years, Chinnapanduru village, Varadaiahpalem mandal, Chittoor district. and 1. State of Andhra Pradesh, rep. by its Principal Secretary, Panchayat Raj department, 2. The District Panchayat Officer, Chittoor district, Chittoor. 3. The Mandal Parishad Development Officer, Varadaiahpalem mandal, Chittoor district. 4. Chinnapanduru Gram Panchayat, rep. by its Panchayat Secretary, Chinnapanduru, district. 5. S. Umapathi, S/o. Subramanyam, Age; 44 years, Occ: Business, R/o. Madanapalem village, Cherivi Panchayat, Satyavedu mandal, Chittoor district. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) the eighteenth day of September, two thousand and twenty six Present The Honourable Ms. Justice B. S. Bhanumathi Writ Petition No.3613 of 2019 V.Tirumala, S/o. Raghuramaiah Age: 28 years, Chinnapanduru village, Varadaiahpalem mandal, Chittoor district. ….Petitioner State of Andhra Pradesh, rep. by its Principal Secretary, Panchayat Raj department, Velagapudi, Amaravati. The District Panchayat Officer, Chittoor district, Chittoor. The Mandal Parishad Development Officer, Varadaiahpalem l, Chittoor district. Chinnapanduru Gram Panchayat, rep. by its Panchayat Secretary, Chinnapanduru, Varadaiahpalem mandal, Chittoor S. Umapathi, S/o. Subramanyam, Age; 44 years, Occ: Business, R/o. Madanapalem village, Cherivi Panchayat, Satyavedu mandal, Chittoor district. …Respondents [3311] the eighteenth day of September, two thousand and twenty six V.Tirumala, S/o. Raghuramaiah Age: 28 years, Chinnapanduru village, ….Petitioner State of Andhra Pradesh, rep. by its Principal Secretary, The Mandal Parishad Development Officer, Varadaiahpalem Chinnapanduru Gram Panchayat, rep. by its Panchayat Varadaiahpalem mandal, Chittoor S. Umapathi, S/o. Subramanyam, Age; 44 years, Occ: Business, R/o. Madanapalem village, Cherivi Panchayat, Satyavedu …Respondents 2 BSB, J W.P. No. 3613 of 2019 Counsel for the petitioner: 1. G. R. Sudhakar Counsel for the respondents: 1. G. Seshadri (S.C. for M.P.P. ZPP) 2. T. C. Krishnan 3. G.P. for Panchayat Raj Rural Dev. (A.P.) 4. V. Vinod K. Reddy (S.C. for Z.P. M.P.D.O., & G.P.) The Court made the following: 3 BSB, J W.P. No. 3613 of 2019 ORDER: This writ petition under Article 226 of Constitution of India is filed seeking the following relief:- “… to issue an appropriate writ or order or direction, more particularly one in the nature of writ of Mandamus directing the respondents Nos. 2 to 4 to forthwith stop the illegal construction made by the respondent No.5 without any building permission in Sy. No. 84 of Chinnapanduru village, Varadaiahpalem mandal, Chittoor district and direct the respondents Nos. 2 to 4 to demolish the illegal construction already undertaken by the respondent No.5 in Sy. No. 84 of chinnapanduru village, Varadaiahpalem mandal, Chittoor district and to pass such other order or orders as this Court may deems fit just and proper in the circumstances of the case.” 2. The case of the petitioner, briefly stated, is as follows:- a. The petitioner is a resident of V.K.R.Y. Colony of Chinnapanduru village, Varadaiahpalem mandal, Chittoor district. The land in Sy. No. 84 of Chinnapanduru village, described as cart track, belongs to the government and vests absolutely in the gram panchayat. The respondent No.5, who is a highly influential person in the locality, without taking any permission from the respondent No. 4 / gram panchayat, constructed a building / apartment in Sy. No. 84 of Chinnapanduru village which is a communal poramboke. In spite of repeated requests of the petitioner to the respondent No.4 to take action against the respondent No. 5, no action has been taken till today against the illegal construction made by the respondent No.5 and the same is continuing as on today. 4 BSB, J W.P. No. 3613 of 2019 b. The petitioner made an application, dated 27.02.2019, to the respondent No.3 / Mandal Parishad Development Officer, Varadaiahpalem mandal, under the Right to Information Act, 2005, seeking details of the building permissions and house site pattas issued, if any, in Sy. No. 84. In response thereto, the petitioner was communicated a letter written by the respondent No.4 to the respondent No.3 on 15.03.2019, wherein it was stated that no building / apartment permission was issued by the Gram Panchayat. Thus, in the light of the specific information provided by the respondent No.3, it is clear that the construction being undertaken by the respondent No.5 was without any permission whatsoever from the appropriate authorities. Further, the respondent No.4, had issued a ‘no objection certificate’ to a house which has no building permission in order to enable the respondent No.5 to obtain a power connection. Thus, the official respondents are acting hand in glove with the respondent No.5. Hence, this writ petition was filed. 3. The respondent No.4 filed a counter affidavit, with averments, briefly stated, as follows:- a. Chinna Panduru and Padirikukppam villages of Varadaiahpalem mandal in Chittoor district are within the limits and jurisdiction of the Gram panchayat, Chinna Panduru. V. K. R. Y. Colony does not come under the revenue village records of Chinna Panduru, but it comes under the revenue village records of Padirikuppam. Sy. No. 84 of Chinna Panduru village accounts is an extent of Ac.1.58 cents of land which is classified as cart poramboke (Bandi Poramboke) under Khata No.600008. 5 BSB, J W.P. No. 3613 of 2019 b. In any case, Sy. No. 84 of Chinna Panduru revenue accounts and of Sy. No. 84 of Padirikuppam village accounts belong to the government and not to the respondent No.5. The respondent No.5 already constructed a R.C.C. terraced building with ground floor and first floor on the government land. The Gram Panchayat, Chinna Panduru did not give him any permission. In the ground floor of the said building, there are two shop rooms and another room. The two shop rooms are leased out and the other room is being personally used by the respondent No.5. The first floor of the said building is leased out to ‘Casa Grand Man Power Service’ for running their office. The construction raised by the respondent No.5 is a commercial establishment without permission and is illegal and unauthorized. There is no information with regard to grant of any house site patta to the petitioner. d. This respondent is no way concerned with the ‘no objection certificate’. The present Panchayat Secretary of Chinna Panduru Gram Panchayat took charge on 01.08.2019 by which time, construction of the building had been over. His predecessor-in-office issued ‘no objection’ for electrical service connection to the building. The respondent No.5 did not submit any patta under which he got the land. As the building is in the government land and was constructed without permission / approval of the Gram Panchayat, this respondent did not assess the said building to “House Tax”. e. The writ petition was filed prior to taking of charge by the present Panchayat Secretary. In view of the pendency of the writ petition, no action could be initiated against the respondents and therefore, an appropriate order may be passed. 6 BSB, J W.P. No. 3613 of 2019 4. Though the respondent No.5 has made appearance through an advocate, no counter was filed nor was there any representation when the matter was taken up for arguments. Therefore, the contention of the petitioner completely supported by counter of respondent No.4 remained before this Court for consideration. 5. In view of the above facts and circumstances, it is clear that the respondent No.5, having no permission for construction of the disputed building, has raised the same even without having any title over the property. Consequently, the illegal and unauthorized construction is liable to be removed and the respondent No.5 be evicted from the subject site. 6. In the result, the writ petition is allowed directing the respondents Nos.2 to 4 to get the subject matter illegal construction made by the respondent No.5 without permission in Sy. No. 84 of Chinnapanduru village, Varadaiahpalem mandal, Chittoor district, removed / demolished and the respondent No.5 be evicted from the subject property within two (2) months from the date of receipt of a copy of this order. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. __________________ B.S. BHANUMATHI, J Dt. 18.09.2026 RAR Whether the order is: Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No