APHC010466872024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

THURSDAY,THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 24129/2024 Between:

1. V . NARASIMHA REDDY, S/O. LATE V. PADMANABHA REDDY, AGED ABOUT 42 YEARS, RESIDENT OF D. NO. 3-79, REDDY STREET, CHAGALAMARRI VILLAGE AND MANDAL, NANDYAL DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2. T HE DISTRICT PANCHAYAT OFFICER, NANDYAL DISTRICT.

3. T HE DIVISIONAL PANCHAYAT OFFICER, NANDYAL DISTRICT.

4. T HE CHAGALAMARRI GRAM PANCHAYAT, CHAGALAMARRI REPRESENTED BY ITS PANCHAYAT SECRETARY, NANDYAL DISTRICT.

5. T HE PANCHAYAT SECRETARY, CHAGALAMARRI GRAM PANCHAYAT, CHAGALAMARRI, NANDYAL DISTRICT.

6. R SAMPATH KUMAR REDDY, S/O. LATE RAMALINGA REDDY, AGED ABOUT 63 YEARS, RESIDENT OF D. NO. 3-86, REDDY STREET, CHAGALAMARRI VILLAGE AND MANDAL, NANDYAL DISTRICT.

...RESPONDENT(S):

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 an order, or a direction, or a writ, more particularly one in the nature of Writ of Mandamus declaring the action of the 5th Respondentin issuing the Notice vide Rc. No. 24/2024, dated 07.08.2024 at the instance of the Respondent No. 6 to the Petitioner is illegal arbitrary and unconstitutional and consequently to quash such Notice vide Rc. No. 24/2024, dated

07.08.2024, and to pass IA NO: 1 OF 2024 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 Respondent Nos. 2 to 6 not to interfere with the ongoing construction of the house of the Petitioner bearing D. No. 3-86, situated in Chagalamarri Village and Mandal, Nandyal District, pending disposal of the main Writ Petition, and to pass IA NO: 1 OF 2025 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 May be pleased to grant leave for filing counter affidavit in the Writ Petition No.24129/2024 and pass Counsel for the Petitioner:

1. REGULAGADDA VENKATESH Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. AYESHA AZMA S

3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following order:

Aggrieved by the action of respondent No.5 in issuing notice vide Rc.No.24/2024 dated 07.08.2024 to the petitioner at the instance of respondent No.6, the present Writ Petition has been filed.

2. Heard Sri Regulagadda Venkatesh, learned counsel for the petitioner, Smt D.Chandrika, learned Assistant Government Pleader for Panchayat Raj, Sri M.Sudhir, learned standing counsel for Gram Panchayat, Sri Asif, learned counsel, representing Sri Ayesha Azma, learned counsel for unofficial respondent.

3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that the petitioner is the absolute owner of the subject property, having purchased the same under a registered sale deed dated 27.10.2023. The vendor of the petitioner had earlier obtained building permission and the petitioner also obtained fresh building permission on 15.07.2024 for construction of a residential house. He further contended that after obtaining permission, the petitioner started construction in accordance with the sanctioned plan and without any deviations. While the construction was in progress and after completion of the basement, respondent No.5 issued the impugned notice dated 07.08.2024 directing the petitioner to stop the further constructions, at the instance of respondent No.6. He further submitted that petitioner submitted a detailed explanation to respondent No.5