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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
BATTU DEVANAND, J.
G.Okeshwar Reddy - Appellant
Versus
The State of Andhra Pradesh, - Respondent
Writ Petition Nos. 41731 of 2018 & 12683 of 2021
Decided on : 17-01-2022
Illegal construction - Residential premises constructed in Village, originally purchased by father-in-law of petitioner No.1 through Registered Document - During his life time, he is in peaceful possession and enjoyment of said house -After his death, husband of petitioner being only son was inherent said house as a legal heir and therefore, they are in peaceful possession and enjoyment of same by paying house tax to respondent - While the matter stood thus, respondent No.5, who has purchased their neighboring premises which is on the east side of their residence, started making illegal construction in a brisk speed by demolishing structure therein without there being any valid building permission by Gram Panchayat - In that process, respondent demolished their east compound wall illegally and high handedly by depriving their privacy and legitimate ingress and egress.
Finding of the Court:
Respondent No.5 in W.P. /Petitioner in W.P proceeded with construction without obtaining any permission from Gram Panchayat - In the light of the interim orders - Gram Panchayat stopped the construction activity so as to implement the orders of this Court in true letter and spirit. During pendency of W.P., respondent had submitted an application seeking building permission so as to enable him to proceed with the construction - In view of the interim orders passed by this Court, Gram Panchayat had rejected said application vide Proceedings - W.P. is filed against rejection of application submitted for building permission - On perusal of rejection order, reason stated for rejection is in view of pendency of W.P. - In court view, said reason is unsustainable under law - Gram Panchayat ought to have considered application for building permission independently in accordance with law.
Result : Disposed of
ORDER :
W.P.No.41731 of 2018 is filed by two petitioners seeking the following relief:
2. W.P.No.12683 of 2021 is filed by the petitioner seeking the following relief :
3. Heard the learned counsel for the petitioners, and the learned counsel for the respondents. Perused the material available on record.
4. Facts in WP No.41731 of 2018
The residential premises bearing No. 7/47 constructed in an extent of 125 square yards situated at yadiki Village, Ananthapur District, originally purchased by the father-in-law of petitioner No.1 through Registered Document No.763/1957, dt. 14.08.1957. During his life time, he is in peaceful possession and enjoyment of the said house. After his death, the husband of petitioner No.1 being only son was inherent the said house as a legal heir and therefore, they are in peaceful possession and enjoyment of the same by paying house tax to respondent No.4/Gram panchayat, Yadiki. While the matter stood thus, respondent No.5, who has purchased their neighbouring premises bearing Door No.7/48, which is on the east side of their residence, started making illegal construction in a brisk speed by demolishing the structure therein without there being any valid building permission by the Gram Panchayat. In that process, respondent No.5 demolished their east compound wall illegally and high handedly by depriving their privacy and legitimate ingress and egress. Thereupon, the petitioners approached respondent Nos. 2 to 4 by submitting representation in the Grievance Cell on 29.10.2018 and also on 01.11.2018, requesting them to take action against respondent No.5, who is making illegal and unauthorized construction without leaving necessary set backs without there being any valid building permission from the Gram Panchayat. Thereafter, the Secretary of respondent No.4 visited the premises and went away. As there was no action on the part of respondents in spite of several representations, the petitioners constrained to file the present Writ Petition.
5. Respondent No.3/The Yadiki Major Gram Panchayat, filed its Counter Affidavit, contending that respondent No.5 proceeded with the construction without obtaining any prior approval and permission from respondent No.3. The petitioners herein filed W.P.No.41731 of 2018 before this Hon’ble Court and this Hon’ble Court in I.A.No.01 of 2018 in W.P.No.41731 of 2018 made the following Order:
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