The petitioner, who is the owner of Ac.2.20 guntas of land in Sy.No.796/1 of Narsampet Village and Mandal, Warangal District, filed this writ petition for a writ of Mandamus to declare the action of the respondents in not releasing the final layout in respect of the said property, as illegal and unconstitutional. The petitioner sought for a consequential direction to release the final layout.

The petitioner, who succeeded to an extent of Ac.3.23 guntas in Sy.No.796/1 of Narsampet Village through his father-in-law late Ennamsetti Subba Rao, applied to respondent No.2 – Gram Panchayat for sanctioning of a layout in respect of Ac.2.20 guntas out of the extent of Ac.3.23 guntas in the year 1994. As required under the Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002 (for short, ‘the Rules’), respondent No.2 forwarded the proposed layout to respondent No.1 for according prior technical approval. While proposing the tentative layout, respondent No.1 addressed letter dated 02.04.1994 to respondent No.2, wherein the latter was requested to verify the said tentative layout on ground and submit its report. After verification, the Executive Officer of respondent No.2 vide his letter dated 08.04.1994 informed respondent No.1 that the approved tentative layout was verified on ground and that it was observed that the layout pattern is feasible on the ground. It is also stated therein that the petitioner is willing to accept the tentative layout except some minor changes as indicated in the enclosed letter and sketch and that it was also stated that formation of road work and stone plotting work is completed. Respondent No.2 therefore requested respondent No.1 to approve the final layout. A few days thereafter, respondent No.2 changed its stand by passing a resolution on 19.04.1994 to reject the application of the petitioner for sanction of layout on the purported ground that the said land is a public land on which a temple called Mutyalamma Temple, burial ground, dhobi ghat and drinking water well were located. When respondent No.2 sought to interfere with the petitioner’s possession of the extent of Ac.3.23 guntas, the petitioner, his father-in-law and his mother-in-law filed O.S.No.93 of 1994 on the file of the Principal Senior Civil Judge, Warangal for perpetual injunction and the said suit was transferred to the learned Senior Civil Judge, Mahaboobabad and renumbered as O.S.No.155 of 1996. After contest by respondent No.2, the suit was decreed by the learned Senior Civil Judge, Mahaboobabad by judgment and decree dated 23.04.1999. Feeling aggrieved by the said judgment and decree, respondent No.2 filed A.S.No.79 of 1999 on the file of the IV Additional District and Sessions Judge, Warangal. The said appeal was dismissed on 25.11.2003 and the judgment and decree in O.S.No.155 of 1996 has thus received affirmation.

As the final layout was not released even after the disposal of the appeal, the petitioner made a representation on 29.12.2004 to respondent No.1 with a request to communicate the final layout. Respondent No.1 in turn addressed letter to the Panchayat Secretary of respondent No.2 Gram Panchayat with a copy marked to the petitioner while enclosing the petitioner’s representation and requesting him to submit a detailed report in the matter for taking further action. While marking copy to the petitioner, respondent No.1 requested him to approach respondent No.2 Gram Panchayat to obtain copy of approved layout LP.No.20/94/WRO. As nothing turned out on the said communication issued by respondent No.1 and respondent No.2 did not release the final approved layout, the petitioner filed this writ petition.

In WPMP.No.5914 of 2005 filed by the petitioner to direct the respondents to release the final layout, this Court granted interim direction to release the final layout by order dated 21.04.2006. Without complying with the said direction, respondent No.2 filed a vacate stay petition on 23.10.20