Andhra Pradesh High Court - Amravati
Ramisetti Jogeeswara Nagaraju, vs The State Of Andhra Pradesh, on 13 October, 2022
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.3590 of 2021
JUDGMENT:-
1. Heard Sri D.Anil Kumar, learned counsel for the
petitioner and learned Government Pleader for Municipal
Administration for the respondent Nos.1 to 4 and Sri G.Naresh
Kumar, learned counsel, representing Sri M.Manohar Reddy,
learned Standing Counsel for the respondent No.5, Eluru
Municipal Corporation.
2. With the consent of the parties counsels, the writ petition
is being disposed of finally at this stage.
3. This writ petition under Article 226 of the Constitution of
India has been filed for the following relief:-
"For the reasons stated above, it is therefore prayed
that this Hon'ble Court may be pleased to issue Writ,
order or direction more particularly one in the nature of
Writ of Mandamus declaring that the inaction of the
Respondent No.4 in granting/renewal of building
permission for construction of house in vacant house site
bearing R.S.No.20/1 admeasuring 99.0 square yards out
of Ac.04.70 cents situated Gavaravaram village in
Sanivarapupet Gram Panchayat, Eluru Mandal, West
Godavari District (herein after called as subject matter
land) with an intention of political rivalry and he is used to
visit the subject matter land frequently in view of harass
me without any tenable reason and thereby refused to
grant permission for building construction of house is
illegal, irregular, arbitrary and Violation of provisions of
Article-14 and 21 and Section 123, 127 (3) (6) of the
A.P.Panchayat Raj Act, 1994 and also offends various
rights and protections guaranteed under the Constitution
of India and I am seeking consequential direction to the
Respondents to grant permission/renewal for building
construction of house on the subject matter land within
one month and to pass such other order or orders are
deemed fit and proper in the circumstances of the case."
5. Learned counsel for the petitioner submits that initially
the permission for construction on the site in question was
granted by the Gram Panchayat, respondent No.4 and some
construction was raised by the petitioner's vendor from whom
the petitioner purchased the property vide sale deed dated
26.06.2019. The construction was not completed and the
period under the building permission also expired.
Consequently, the petitioner applied for grant of fresh
permission for construction before the respondent No.4, but
during pendency of the petitioner's application, the concerned
area came under the limits of the Municipal Corporation for
which the Eluru Municipal Corporation, respondent No.5 was
constituted. The petitioner's application is still pending and has
not been finally considered and decided by the respondent No.5,
the Eluru Municipal Corporation.
6. Sri G.Naresh Kumar, learned counsel submits that after
merger of the Panchayat in the Municipal Corporation, the
petitioner's application which was pending before the Gram
Panchayat shall now be considered by the Corporation, in
accordance with law, within a period of six (06) weeks from the
date of copy of this order along with fresh copy of the same
application is submitted before the said respondent.
7. Accordingly, in view of the aforesaid, the writ petition is
disposed of with a direction to the respondent No.5 to consider
and decide the petitioner's application dated 11.12.2020, Ex.P4
to this writ petition, in accordance with law, within a period of
six (06) weeks from the date the petitioner resubmits the same
application along with copy of this order before the respondent
No.5. If some formality is required to be completed on the part
of the petitioner, the respondent No.5 shall communicate the
same to the petitioner.
8. The writ petition is being disposed of finally with the
above observations and directions.
No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending,
shall also stand closed.
__________________________
RAVI NATH TILHARI,J
Date: 13.10.2022
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THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.3590 of 2021
Date: 13.10.2022
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