Date of reserved for orders : - - - Date of pronouncement : 25.06.2026 Date of uploading : 01.07.2026 APHC010261842026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY, THIS THE 25th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 13816/2026 Between: 1. B NARAYANA SWAMY, S/O KANNAPPA, AGED ABOUT 55 YEARS, SC COLONY, MARURU, RAPTHADU MANDAL, ANANTHAPURAMU DISTRICT 2. B. PRABHAVATHI, W/O B.NARAYANA SWAMY AGED ABOUT 46 YEARS, SC COLONY, MARURU, RAPTHADU MANDAL, ANANTHAPURAMU DISTRICT. ...PETITIONER(S) A N D 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.522238 2. THE DISTRICT COLLECTOR PANCHAYAT WING, ANANTHAPURAMU DISTRICT.515001 3. THE DISTRICT PANCHAYAT OFFICER, ANANTHAPURAMU DISTRICT. 515001 4. THE MANDAL PRAJA PARISHAD DEVELOPMENT OFFICER, ANANTAPUR RURAL MANDAL, ANANTAPUR DISTRICT.515001 5. MARURU GRAM PANCHAYATH, REPESENTED BY ITS SECRETARY,MARURU VILLAGE , RAPTHADU MANDAL, ANANTAPUR DISTRICT.515641 6. THE TAHSILDAR, RAPTHADU MANDAL ANANTHAPURAMU DISTRICT. 515722 ...RESPONDENT(S): SRK, J W.P.No.13816 of 2026 2 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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in treating the assigned land of the Petitioners covered under valid D-Patta issued by the competent authority under the relevant assignment rules vide File No. 37/1421 dated 20.08.2012 in Survey No.1058 of Maruru Village, Raptadu Mandal, Ananthapuramu District as Government/road land and interfering with the Petitioners peaceful possession and construction thereon without passing any order in accordance with law as illegal, arbitrary and unconstitutional, and consequently direct the Respondents not to interfere with the Petitioners peaceful possession and enjoyment of the said assigned land, and to consider grant of building permission in accordance with law and pass IA NO: 1 OF 2026 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 to direct the Respondents not to take any coercive steps including demolition or dispossession and to maintain status quo Pending disposal of the Writ Petition and pass Counsel for the Petitioner(S): 1. NALLANI VAMSI KRISHNA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. Mattegunta Sudhir, Standing Counsel For Z.P.Ps, M.P.Ps, Gram Panchayats The Court made the following: SRK, J W.P.No.13816 of 2026 3 O R D E R This Writ Petition is filed seeking the following relief: “….to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in treating the assigned land of the petitioners covered under valid D-Patta issued by the competent authority under the relevant assignment rules vide File No.37/1421 dated 20.08.2012 in Survey No.1058 of Maruru village, Raptadu Mandal, Anthapuramu District as Government/ Road land and interfering with the petitioners’ peaceful possession and construction thereon without passing any order in accordance with law as illegal, arbitrary and unconstitutional and consequently, direct the respondents not to interfere with the petitioners’ peaceful possession and enjoyment of the said assigned land, and to consider grant of building permission in accordance with law and pass such other order or orders…” 2. Heard learned counsel for the Writ Petitioner, learned Assistant Government Pleader for Gram Panchayat representing respondent Nos.1 to 3, learned Standing Counsel for respondent Nos.4 and 5 and learned Assistant Government Pleader for Revenue representing respondent No.6. 3. Contents of the affidavit filed by 1st petitioner, in brief, are that 2nd Writ Petitioner is the assignee and pattadar of a small extent of house site, admeasuring Ac.0.01½ cents situated in Survey No.1058 of Maruru village, having been granted D-Patta by 6th respondent vide Proceedings dated 20.08.2012. Prior to SRK, J W.P.No.13816 of 2026 4 assignment of Patta, the Writ Petitioners and their family members had been in continuous, peaceful and uninterrupted possession and enjoyment of the said land. (b) While so, some third parties, including local persons Nagendra and Karunakar, who are having personal animosity, made complaints alleging that the Writ Petitioners encroached the Government Road Land situated in Survey No.1058. The respondent No.6, without conducting any proper preliminary verification or inquiry, issued a Notice dated 05.02.2026 to the Writ Petitioners and called for explanation. On 09.02.2026, the Writ Petitioners submitted explanation stating that the land in question covered by a valid D-Patta issued in favour of 2nd Writ Petitioner. (c) The Mandal Revenue Inspector and the Mandal Surveyor submitted a report stating that the Writ Petitioners laid foundation in the road margin land leading to SC Colony. Though the said report itself admits that the old records pertaining the survey and classification of land are not available due to fire accident that occurred in the office earlier, the authorities hastily and arbitrarily concluded that the Writ Petitioners encroached the road land. The respondent No.6 addressed a letter dated 16.02.2026 to 4th respondent, seeking a report as to whether any SRK, J W.P.No.13816 of 2026 5 permission has been granted by the Gram Panchayat for construction in the said land, thereby shifting the issue from title and possession to mere building permission, without deciding the fundamental question of ownership and classification of land. (d) The respondent No.5 issued another notice dated 26.02.2006 alleging that the Writ Petitioners undertook construction work without obtaining prior permission from the Gram Panchayat and directed them to stop the construction and to submit explanation. Accordingly, the Writ Petitioners submitted their explanation dated 04.03.2026 stating that they are not aware of the requirement of obtaining prior permission from the Gram Panchayat and they are making constructions only on their patta land and that, they are willing to obtain necessary permission and comply with all procedural requirements. But despite such compliance and bonafide conduct on the part of the Writ Petitioners, the respondents are continuing to treat the land as Government/road land and threatening to take coercive action including demolition of structure and dispossession of the Writ Petitioners. (e) The subject land of Writ Petitioners admeasures less than 60 square yards and squarely falls within the category of small residential plots covered under the provisions of the Andhra SRK, J W.P.No.13816 of 2026 6 Pradesh Building Rules, 2017 as amended vide G.O.Ms.No.114, dated 26.06.2025, and Maruru village, Raptadu Mandal of Ananthapuramu District falls within the jurisdiction of Ananthapuramu-Hindupur Urban Development Authority constituted under G.O.Ms.No.110, dated 24.03.2017. As per the said Building Rules the requirement of payment of building permission fee is dispensed with, for such small plots and only submission of an application with a nominal token amount is contemplated. Therefore, the action of respondents in treating the construction as illegal and threatening coercive steps, is wholly arbitrary, and without authority of law. The impugned action is in gross violation of principles of natural justice, as no proper opportunity of hearing was afforded to them before arriving at a conclusion that the land is road land, and that no joint survey was conducted in their presence, no boundaries were demarcated on ground. Hence, the Writ Petition. 4. Learned Assistant Government Pleader for respondents would contend that the Writ Petitioners, without any lawful permission, unlawfully excavated foundation and laid stones and thereby, commenced construction activities in the Government land, and since the subject land is considered to be the SRK, J W.P.No.13816 of 2026 7 Government Land meant for public use, the construction activity undertaken by the Writ Petitioners is in violation of the provisions of the Andhra Pradesh Land Encroachment Laws and the prevailing Government Rules. Hence, it is prayed to dismiss the Writ Petition. 5. Perused the material available on record. 6. A perusal of the material on record it is apparent that 2nd Writ Petitioner was granted D-Patta by 6th respondent vide File No.37/1421, dated 20.08.2012 in respect of the land to an extent of Ac.0.01½ cents situated in Survey No.1058 of Maruru village. According to Writ Petitioners, prior to assignment of D-Patta, they were in peaceful possession and enjoyment of the subject land. 7. In respect of the subject land, 6th respondent issued a Notice dated 05.02.2026 to the Writ Petitioners stating that the subject land is a road land situated in Survey No.1058 and they were alleged to have made unauthorized foundation work and construction activity in the said land. The material on record also reveals that 6th respondent addressed a letter dated 16.02.2026 to 4th respondent seeking a report as to whether any permission was granted by the Gram Panchayat for construction in the subject land. SRK, J W.P.No.13816 of 2026 8 8. A perusal of the material on record further goes to show that 5th respondent vide Notice dated 26.02.2026 directed them to stop construction and submit explanation. Admittedly, when once granted D-Patta by the competent authority to any assignee, the land ceases to be treated as Government Land and the assignee acquires lawful possessory rights subject to conditions of assignment, and the respondents are bound to follow due procedure contemplated under law, if the said land is required by them. 9. Therefore, having regard to the entire facts and circumstances of the case, the respondents are directed not to take any coercive steps as against the Writ Petitioners in respect of the land provided to 2nd Writ Petitioner under D-Patta vide File No.37/.1421, dated 20.08.2012 in Survey No.1058. In the meantime, the Writ Petitioners are directed to make an application to the respondents authority, seeking permission for construction in the subject land, and in turn, the respondents are directed to pass a reasoned order in respect of the application made by the Writ Petitioners and shall dispose of the said application within a period of Four (04) weeks from the date of its submission, by following due process of law. SRK, J W.P.No.13816 of 2026 9 10. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs of the Writ Petition. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. JUSTICE K. SREENIVASA REDDY 25th June, 2026. DNB Whether the Order is: ✓ Speaking Yes/No Reasoned Yes/No Reportable Yes/No Non-reportable Yes/No✓