THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.32590 OF 2021

O R D E R

In this Writ Petition, the petitioner is aggrieved by the inaction on the part of the 5^th respondent in granting permission for construction to the petitioner in spite of the recommendation of the 4^th respondent District Panchayat Officer dt.20.04.2021.

2. Learned counsel for the petitioner submitted that the petitioner has filed O.S.No.68 of 2004 on the file of Junior Civil Judge at Husnabad against the 5^th respondent herein and has also obtained injunction against the respondent/defendant and E.P.No.1 of 2013 was also filed, which was allowed by granting police aid to the petitioner to prevent the respondent/defendant from interfering with the petitioner’s possession over the suit schedule property. It is stated that thereafter, the petitioner claims to have made building permission application and when the same was not considered a complaint dt.31.01.2020 was given to the District Panchayat Officer, Warangal Urban stating that permission has not been granted to the petitioner. The District Panchayat Officer, vide memo dt.20.04.2021, has observed that the civil litigation has ended in favour of the petitioner and therefore, directed the 5^th and 6^th respondents herein to take necessary action on the permission applications, if any, filed by the petitioner herein and to submit compliance report within seven (7) days. Alleging that the respondent Gram Panchayat has not complied with the directions of the District Panchayat Officer and has not granted building permission to the petitioner, the present Writ Petition was filed in the year 2021.

3. The 5^th respondent has filed a counter affidavit stating that Ac.0.13 guntas of land in Survey No.278/A and 278/B of Bheemadevarapally Village and Mandal was orally gifted to the respondent Gram Panchayat by Mr. Shalva Rajamouli, S/o Shalva Veeraiah in the year 1973 and since then, the said land is in peaceful and uninterrupted possession and enjoyment of the Gram Panchayat. It is stated that on 21.05.1973, the respondent Gram Panchayat has made a resolution to dig a well for providing drinking water for the villagers in the presence of the then Sarpanch, Upa Sarpanch, Ward members and other villagers and that the well has been dug and the villagers are using the water from the said well. Therefore, according to the respondent Gram Panchayat, the land claimed by the petitioner is the land of the Gram Panchayat.

4. Learned counsel for the petitioner has refuted this argument and submitted that there is no well in the land of the petitioner.

5. In reply to the same, the learned Standing Counsel for the respondent Gram Panchayat has filed colour photographs of the well which, according to him, is in the land claimed by the petitioner.

6. The learned counsel for the petitioner has also filed a colour photograph of the land and has submitted that the land in which the well is located is not the land of the petitioner and that their land is adjacent to the land in which wells are dug.

7. The learned Standing Counsel further pointed out that the petitioner is claiming Ac.0.13 guntas of agricultural land and before applying for building permission, the petitioner has to convert the same into NALA land and thereafter make an application for construction, which has not been done in this case.

8. The learned counsel for the petitioner submitted that the petitioner would take all necessary steps for conversion of the land into NALA land and thereafter would make an application for construction and in such circumstances, the respondent Gram Panchayat may be directed to consider the same in accordance with law.

9. In view of the above facts and circumstances and particularly in the light of the submissions of the petitioner that the subject well is not in the land of the petitioner, this Court grants liberty to the petitioner to make a fresh application for building permission after converting the agricultural land into non