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2025 Supreme(AP) 554

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENKATESWARLU NIMMAGADDA, J.
S. Venkataramana S/o Sreenivasulu - Appellant
Versus
The State of Andhra Pradesh - Respondent
Writ Petition No. 3871 of 2019
Decided On : 22-08-2025

Advocates appeared:
For the Petitioner: S S Bhatt, Adv.
For the Respondents: GP For Panchayat Raj Rural Dev AP

Private land acquired through auction is outside the jurisdiction of local authorities for intervention, and expired permissions necessitate renewal for construction to proceed legally.

Headnote:(A) Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002 - Permission for construction - Petitioners allege illegal construction by private respondents without permission; however, the respondents submitted that the land is private and acquired through auction - Respondents received prior construction approval, but it expired - Writ petition dismissed for lack of evidence. (Paras 2, 3, 12)

(B) Jurisdiction of Gram Panchayat - The Gram Panchayat lacks authority to intervene in private land after successful auction; construction actions on such land are validated despite allegations of occupancy of public roads by others. (Paras 6, 8, 9)

Facts of the case:
Petitioners claimed illegal construction by respondents on their land without permission. They argued the land is government property and public roads, whereas respondents insisted the land is privately owned since 1959, based on auction rights. They sought to construct after approvals lapsed.

Findings of Court:
No current construction ongoing as alleged by petitioners; permission granted in 2018 has lapsed under existing regulations.

Issues: Whether construction requires renewed approval after previous permissions expired and the legal standing of property claims on auctioned land.

Ratio Decidendi: The court affirmed the respondents' rights to the land acquired in auction, clarifying that the Gram Panchayat lacks jurisdiction over private property and dismissed the writ due to petitioners' failure to provide substantiated claims.

Result: Writ Petition dismissed.

Table of Content
1. petitioners claim illegal construction (Para 2)
2. government counterclaims regarding property rights (Para 3 , 4 , 5)
3. validity of construction permissions (Para 6 , 7 , 8)
4. construction allegations contested by respondents (Para 9 , 10 , 11)
5. writ petition dismissed (Para 12 , 13)
-ORDER :

1. Heard learned counsel for the petitioners and learned Government Pleader for respondents and perused the material placed on record.

2. The case of the petitioners is that respondent Nos. 1 to 7 are not taking any legal action against the respondent Nos.9 to 11 who are constructing a house in their land in Sy.No.168/2A in DSP Bungalow street of Chintaparthi Village of Vayalpad Mandal of Chittoor District without there being any permission or sanctioned plan from the 7th respondent – Gram Panchayat is contrary to law. Learned counsel for the petitioners submits that the unofficial Respondent Nos.9 to 11 are trying to make construction not only the land held by them to an extent of Ac.0.06 cents but by occupying road margin / public road of the Gram Panchayat Chintaparthi Village, for which the petitioners approached official respondents by submitting representation on 12.11.2018 for appropriate action against illegal construction of the unofficial respondents and also encroaching the land of the road margin by the unofficial respondents. Even after receipt of the representation, respondent authorities neither considered the representation nor stopped the illegal construction of the unofficial respondents. Learned counsel for the petitioners further submits that the 7th respondent –Gram Panchayat issued notices dated 13.11.2018 and also 23.02.2019 stating that the 9th respondent herein directed to submit link documents for consideration of the application for approval / sanction plan to the respondents and also directed to stop the construction till conducting survey and issuance of sanction plan. The petitioners also submitted action taken report of the Mandal Engineering Officer, wherein it is stated that one Sri K. Chinnarami Reddy making construction by encroaching one feet for one column footing all other column and laid footing work adjacent to CC road. He further submits that even though notices were issued by the Gram Panchayat, no action was initiated. Hence the writ petition.

-

3. On the other hand, learned Government Pleader for Revenue appearing for Respondent Nos.2 and 4 filed counter-affidavit on behalf of Respondent No.4, wherein it is stated as under:

“3. In reply to Paras 3 and 4 of the affidavit, it is submitted that the other purchasers of the above land have raised residential houses in the above site and the mother of the respondents 10 & 11 and grandmother of the 9th respondent has also raised a residential house in a portion of the land purchased by them. As the above land is a purchased land in an open auction conducted by the District Board. The purchasers yield unfettered rights over the same and Gram Panchayat has no power to lay a road in the land purchased through auction. The widow of the purchaser is at liberty to execute a Will in favour of her grandson (9th respondent) over the above property and petitioner cannot raise any objection in the matter.

-

Soon after the execution of the impugned Will the 9th respondent has pulled down his old structure and intended to raise a new structure in the area purchased by his grandfather in an auction conducted by the District Board. I also submit that the petitioners have not raised any objection over the houses constructed by the other purchasers and filed this petition before this Hon'ble High Court at a time when the 9th respondent started construction on unsustainable grounds. The other contentions raised by the petitioner in these paras are all baseless and untenable and aimed at distorting the attention of this Hon'ble High Court.

4. In reply to Paras 5 and 6 of the affidavit, it is submitted that the contention of the petitioners that the disputed pr

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