Grama Kantam land is neither Government land nor vested in Gram Panchayats; therefore, building permissions cannot be denied solely on the basis of its classification as Grama Kantam land.

ORDER:

1. This Writ Petition is filed questioning the action of the respondent No.3 in rejecting the application dated 16.08.2023 filed for the petitioner for grant of permission for construction of the building in an extent of 102.5 Sq.Yards situated in Grama Kantam Land in Bachupally village of Kandukur Mandal, Ranga Reddy District and requested to direct the respondent No.2 and 3 to grant building permission to the petitioner in respect of the subject plot.

2. Heard the learned Counsel for the petitioner and the learned Government Pleader for Panchayat Raj and Rural Development and the learned Standing Counsel for Gram Panchayats appearing for the respondents.

3. The learned Counsel for the petitioner would submit that petitioner is the owner and possessor Grama Kantam land to extent of 102.5 Sq.Yards situated at Bachupalli village, of Kandkur Mandal Ranga Reddy District having acquired the same through a Gift Settlement Deed dated 08.08.2023 executed by her mother-in-law. The petitioner with a view to construct a building in the said plot filed online application on 16.08.2023 and the same was rejected by the respondent No.3 on the ground that in view of the resolution passed by the Grama Sabha Meeting held on 26.06.2021, wherein it was resolved that not to give any building permissions in respect of Grama Kantam Lands and open spaces in the village.

4. The learned Counsel for the petitioner would further submit that some of the similarly situated persons, who are also in possession of the part of Grama Kantam land of Bachupally village, filed W.P.No.392 of 2008 and the same was allowed on 31.03.2016. Being aggrieved by the same, the respondent No.3 preferred the Writ Appeal No.784 of 2018 and the same was dismissed on 01.08.2022, wherein it was held that Grama Kantam land is not a Government land and is also not vested in Grama Panchayat and therefore rejecting application filed by the petitioner dated 16.08.2023 seeking building permission in respect of the subject plot, which is also a Grama Kantam land is arbitrary and illegal and requested to set aside the impugned order and to direct the respondent Nos.2 and 3 to process the application filed by the petitioner for grant of building permission.

5. The learned Standing Counsel for Gram Panchayat basing on the counter filed by the respondent No.3 would submit that as a matter of a fact the land in question is in dispute among the villagers as for the last 13 the Members of Dr.B.R.Ambedkar Youth Association are trying to protect the land of Grama Kantam Land to an extent of Ac.6.15 guntas. Further, the impugned order was passed basing resolution passed by the respondent No.3 on 26.06.2021, and there are no merits in the writ petition and requested to dismiss the writ petition.

6. After hearing both sides and on perusing the record, this Court is of the considered view that the petitioner is the owner and possessor of the subject plot to an extent of 102.5 Sq.Yards having acquired through Gift settlement deed from her mother-in-law dated 08.08.2023. The grievance of the petitioner is that the online application filed by the petitioner on 16.08.2023 for building permission was rejected on the ground that Bachupally Gram Panchayat passed resolution on 26.06.2021 not to give any house permission in Grama Kantam Land of Ac.6.15 guntas and open spaces in the villages.

7. The contention of the learned Counsel for the petitioner is that some of the villagers, who are in possession of part of Grama Kantam land in Bachupally, have filed writ petition in W.P.No.392/2008 questioning the proceedings dated 04.01.2008 of th