THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION No.20803 OF 2022

ORDER:

This writ petition is filed under Article 226 of Constitution of India seeking the following relief:

“...to issue a writ, order or direction, more particularly a Writ of Mandamus declaring the action of the respondent No.3 for issuing notice Lr.No.07/GPDB/2022, dated 18.04.2022 claiming the plot of the petitioners granted vide proceedings No.P/2779/2000, dated 25.04.2000 by Mandal Revenue Officer, situated at Doulthabad Village of Hatnura Mandal, Sangareddy District are illegal, arbitrary, ultra vires, null and void, abuse of powers, and against the principles of natural justice and in violation of fundamental and constitutional rights of the petitioner in the interest of justice and equity or pass...”

2. Heard learned counsel appearing for the petitioners, learned Government Pleader for Panchayat Raj and Rural Development and Sri R.Chandra Shekar Reddy, learned Standing Counsel appearing for the respondents and perused the entire material on record.

3. Learned counsel appearing for the petitioners submits that the petitioner No.1 is the absolute owner and peaceful possessor of open plot admeasuring 200 Square Yards situated at Doulthabad Village, Hathnura Mandal, by virtue of Notarized gift deed executed by the petitioner No.2 on 14.09.2019 in presence of witnesses. The petitioner No.2 is the owner and peaceful possessor of the plot of 2 guntas since more than five decades and the Mandal Revenue Officer, Hathnura Mandal issued ownership Certified through No.P/2779/2000, dated 25.04.2000 describing the land as Gouthan/Grama Kantam boundaries of the plot as such the petitioners are enjoying the same without any objection from any corner. The petitioners constructed boundary wall on extent of 200 square yards and asbestos sheeted two rooms with wash room on 60 square yards and residing there at the Plot leaving 42 square yards out of 2 guntas allotted to her. As such the respondent No.3 issued notice dated 22.01.2022 addressing to petitioners and by that time no construction was in progress and the petitioners replied to the notice on 24.01.2022 that the petitioners applied for permission for construction of house through online along with plan through licensed engineer on 13.03.2021. The respondent No.3 issued 2nd notice dated 29.03.2022 without any reference to the explanation submitted by the petitioners and without conducting any enquiry or panchanama and stating that the land belongs to Grama Panchayat without any proof. The petitioners gave their reply on the two notices issued by the respondent No.3 on 15.04.2022. The respondent No.3 again issued a final notice on 18.04.2022 without giving any reference and without considering the replies submitted by the petitioner No.1 and the said action is arbitrary and illegal.

4. Learned Counsel for the petitioners further submits that the petitioner as per the certificate issued by the Mandal Revenue Officer, Hathnura Mandal described the land as Gouthan/Grama Kantam. It is a settled law that once the land was described as Grama Kantam, the respondent-Gram Panchayat has no right over the said land. The respondent-Gram Panchayat has to issue building permission as well as the possession shown by the petitioners as per the Judgment passed by this Court in Banne Gandhi v. District Collector, [2007 (4) ALT 550 (S.B.)] and requested to allow the writ petition.

5. Learned Standing Counsel for Gram Panchayat basing on the counter submits that the petitioners are not owners and possessors of suit schedule property and it is the vacant land in front of veterinary hospital, and which is a Grama Kantam land and belongs to Gram Panchayat. The petitioners have started illegal and unauthorized construction in the said vacant land and respondent No.3 has given a notice dated 22.01.2022 and asked to submit the documents to prove their title. After receiving the first notice, the petitioners herein have replied stating that the land