THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.31149 OF 2023

O R D E R

In this Writ Petition, the petitioner is challenging the order dt.06.06.2022 in Case No.212/2021/A3-PTS passed by the 2^nd respondent dismissing the appeal filed by the petitioner under Section 121 of the Panchayat Raj Act, by confirming the order dt.21.09.2020 passed by the 3^rd respondent rejecting the application filed by the petitioner for permission to construct a building in and over the property assigned to the petitioner herein, i.e., plot admeasuring 100 square yards in Survey No.513 of Muthangi Village, Patancheru Mandal, Sangareddy District, vide Lr.No.184/GPM/2020 dt.21.09.2020, as illegal, arbitrary, unconstitutional and in violation of principles of natural justice and consequently to direct the 3^rd respondent to grant permission as sought for.

2. Brief facts leading to the filing of the present Writ Petition are that the petitioner claims to be a landless poor and therefore, the Government of Andhra Pradesh has allotted a residential plot admeasuring 100 square yards in Survey No.513 of Muthangi Village in the year 1998 to the petitioner to enable him to construct a small house and vide proceedings No.B/1313/1998, permission was granted to construct a house. It is submitted that the petitioner constructed a house over the said assigned land and the Gram Panchayat, Muthangi has assessed the said property and allotted the house number as 6-99 vide order dt.30.07.2004. It is stated that the Mandal Revenue Officer thereafter conducted a survey of Survey No.513 and fixed boundaries and thereafter issued tonch map with specific boundaries as described in the tonch map schedule. Thereafter, the petitioner demolished the small hut with an intention to construct small rooms and therefore, he applied for grant of building permission on 17.06.2013 for permission to construct a residential house. However, the Gram Panchayat did not grant permission and therefore, the petitioner made a complaint to the District Panchayat Officer and when the same was also not considered, he filed W.P.No.9131 of 2015 which was disposed of by order dt.24.02.2015 to consider the application filed for grant of permission. Thereafter, the Gram Panchayat, Muthangi addressed a letter to the Mandal Revenue Officer to submit a report as to the existence of the road or covered under the road widening. However, the said request was not acted upon and therefore, the petitioner filed W.P.No.12355 of 2018 seeking a direction to the Mandal Revenue Officer to send the report as requested by the Panchayat Secretary so as to enable the Gram Panchayat, Muthangi to grant permission as sought for. Vide orders dt.12.03.2020, the said Writ Petition was disposed of directing the Tahsildar to give clarification as sought for by the 5^th respondent so as to enable the Gram Panchayat to consider the representation of the petitioner for construction of a building. It is stated that the 4^th respondent Tahsildar has submitted his report vide Lr.No.B/900/2020 dt.03.09.2020 stating that the land was resumed by the Government for the alleged violations and there is no land in existence and the same is covered under extension of National Highway No.9. Contending that the land of the petitioner was never resumed by the Government, the petitioner demanded the authorities to furnish the record relating to the said resumption of the site, but the authorities failed to do so and therefore, the petitioner made a representation dt.28.10.2020 to the 4^th respondent to furnish the information/documents in relation to the cancellation of assignment granted in favour of the petitioner under the Right to Information Act. In response thereto, vide Lr.No.B/1163/2020 dt.04.11.2020, the Tahsildar gave a reply that no proceedings are available in the office. Thereafter, the 3^rd respondent herein issued proceedings dt.21.09.2020 rejecting the request of the petitioner for grant of permission for construction of