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2026:APHC:16770 APHC010409212025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]

(Special Original Jurisdiction)

TUESDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX

PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION NO: 21062/2025 Between:

1. S HAIK JANNA,, S/O. SHAIK SUBHANI, AGED ABOUT 31 YEARS, R/O. D.NO.9-303, NEERU KONDA VARI STREET, DOMMERU

VILLAGE, KOVVURU MANDAL, WEST GODAVARI DISTRICT ...PETITIONER

AND

1. T HE STATE OF ANDHRA PRADESH, REP BY ITS SPECIAL PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT AT

VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT

2. T HE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT

3. D OMMERU GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, KOVVURU MANDAL, WEST GODAVARI DISTRICT

4. T HE STATION HOUSE OFFICER, KOVVURU TOWN POLICE STATION, WEST GODAVARI 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 appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the Notice dated 28-07-2025 of the 3rd Respondent to stop the construction with respect to the building permission vide B.A.No.23/2025 granted to the Petitioner as illegal, irregular,

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2026:APHC:16770 arbitrary. Article 300-A of Constitution of India, unjustified and unsustainable

and set aside the same and 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 to suspend the operation of Notice dated 28-07-2025 of the 3rd Respondent and thereby to allow construction in pursuance of building permission vide

B.A.No.23/2025 of the 3rd Respondent and pass Counsel for the Petitioner:

1. SODUM ANVESHA Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. GP FOR HOME

3. GP FOR REVENUE

4. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra

The Court made the following order:

Heard Smt. Sodum Anvesha, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents 1 and 2, Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the 3^rd respondent and learned Assistant Government Pleader for Home for the

4^th respondent.

2. Assailing the notice dated 28.07.2025 (Ex.P1) issued by the Panchayat Secretary of the 3^rd respondent, the petitioner filed the above writ petition.

3. Learned counsel for the petitioner would contend that the petitioner’s grandfather, Sri Shaik Basha, constructed a house bearing D.No.9-303 in an extent of Ac.0.04 cents in 9^th Ward, Dommeru Village, Kovvuru Mandal, West Godavari District. The said land is classified as poramboku land. The

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2026:APHC:16770 grandfather of the petitioner worked as the Imam of the mosque. His name was mutated in the records of the Gram Panchayat, and he paid tax to the Gram Panchayat in respect of the house bearing D.No.9-303. The petitioner’s grandfather executed a Will dated 11.04.2010 in favour of his daughter, Smt. Shaik Shakeela, who in turn executed a Registered Gift Deed bearing

Document No.26/2018 dated 01.01.2018 in favour of the petitioner.

4. The grandfather of the petitioner filed suit O.S.No.1032/2001 on the file of the Principal Junior Civil Judge, Kovvuru, seeking perpetual injunction against the defendants therein and said suit was decreed by judgment and

decree dated 13.03.2007. The said judgment became final.

5. In pursuance of the gift deed, the petitioner made an application dated 28.05.2023 to the 3^rd respondent seeking permission for the construction of a building. The 3^rd respondent granted permission vide B.A.No.23/2025 dated 27.06.2025 for the construction of a residential house at Ground, First and

Second F