High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or direction one in nature of Writ of Mandamus declaring the action of the Respondent No.3 in rejecting the application dated 30. 10.2024 with reference number 80 in respect of granting building permission to an extent of 180.00 Sq.mts, situated at Grama Kantam land at Bachupally Village, Kandukur Mandal, Ranga Reddy District. The Memo No. 6442 I 2017-81 (Pts)-1 dated 25.O3.2023 of the Respondent No.2 as illegal, arbitrary and against the Principtes of Natural Justice and setaside the same by consequently direct the Respondent No. 2 and 3 to process the application, dated 30.10.2024 o'f the petitioner with referrence number 80 by granting building permission to the petitioner for an extent of 180.00 Sq.mts, situated at Grama Kantam land at Bachupally Village, Kandukur Mandal, Ranga Reddy District in accordance to law and pass such other order or orders may deem fit and proper in the circumstances of the case IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support.of the petition, the High Court may be pleased to direct the Respondent No. 2 and 3 to process the application, dated 30.10.2024 of the petitioner with reference number B0 by granting building permission to the petitioner for an extent of 180.00 Sq.mts, situated at Grama Kantam land at Bachupally Village, Kandukur Mandal, Ranga Reddy District, pending disposal of the above writ petition Counsel for the Petitioner: SRl. V ROOPESH KUMAR REDDY Counsel for the Respondent No.1: cP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent NO.2: GP FOR REVENUE. Counsel for the Respondent No.3: SRI P. KISHORE RAO SC FOR Gp The Court made the following: ORDER THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.3389 of 2025 ORDER: This Writ Petition is Iiled seeking the following reliet '...to pass on order or direction one in- nah)re of Wit of Mandamus decleing the action of the Respondent No.3 in rejecting the application dated 30.1O.2024 Luith refenence number 8O in respect of granting building permi-ssion to an ertefi of 180.00 Sq.mts. situated at Gramd Kantam land at Bachupollg Village, Kandukur Mandal, Ranga Reddg District. Tte Memo No.6442/2O17-81 (Pts)-l dated 25.03.2023 of the Respondent No.2 as illegal, arbitary and against the Pinciples of Natural Justice and setoside the same by consequentlA direct the Respondent No.2 and 3 to process the application dated. 3O.10.2024 of the petitioner uith referrence number 8O bg granting building permission to the petitioner for an ertent of 18O.00 Sq.mts. situated at Grama Kantam land at Baclutpallg Village, Kandukur Mandal, Ranga Reddy District in accordance to laut and pass such other order or orders mag deem fit and proper in the circumstances of the cose and pass..."

2. Learned counsel for the petitioner submitted that the issue involved in this writ petition is squarely covered by the order passed by this Court in W.P.No.3033l of 2023 dated 18.O7.2024 and the same is not disputed by the learned Government Pleader t I for Panchayat Raj and Rural Development appearing for I respondents No. 1 , learned Government Pleader for Revenue appearing for respondent No.2 and Sri P. Kishore Rao, learned Standing Counsel for Gram Panchayat appearing for respondent No.3. 2 wP_3189-2O25 In view of the said submissions and for the reasons assigned 3. by this Court in W-P.No'3033 I of 2023 dated 18'07 '2024' tl-:,:is writ Petition is allowed by setting aside the impugned order and the respondents No'2 and 3 are directed to process the application fited by the petitioner dated 3O'|O'2O24 for grant of building permission in respect of the subjegt plot i'e'' 180'OO sq.mts. situated at Grama Kantam Land at Bachupally Village, Kandukur Mandal, Ranga Redd'y District' in accordance with law' within a period of two (2) months from the date of receipt of a copy of this order. No order as to costs'

4. Registry is directed to annex a copy of the order' dated La.O7.2024 in W P.No.30331 of 2023 aTongwith this order' Miscellaneous applications, if any, pending in this writ petition, shall sternd clo19d' ,TRUE COPY// To, SD/-S. M/6,LLIKARJ UNA RAO AS$ISiTANT REGISTRAR . SECTION OFFICER 1- V

1. The Principal Secretary (Panchayat Raj Department), Secratrait Buildings Hyderabad.

2. The District Collector, Ranga Reddy District, Hyderabad. 3. The Secretary, Bachupally Grama Panchayat, Bachupally, Kandukur Mandal, Ranga Reddy District.

4. One CC to SRI V ROOPESH KUMAR REDDY Advocate [OPUC]

5. One CC to SRI P. KISHORE RAO SC FOR GP [OPUC] 6. Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV ,High Court for the State of Telangana. [OUT]

7. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT]

8. Two CD Cooies ---_*- (Along with the Copy of Court Order dt:1B/07/2024 in W.P.No. 30331 of 2023) KKS GJP w I f-r \ HIGH COUFIT DATED:061Ct212025 ORDER WP.No.3389 of 2025 ,dE STAf A 1 c c) 16APH M t Dl.sn z o .h ^+ t ALLOWING T'HE WRIT PETITION WITHOUT CCISTS @ ,,, K, SK,J THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.30331 0F 2023 ORDER:

1. This Writ Petition is Iiled 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 ln an extent of i02.5 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 ofthe 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 I II SK,J Ranga Reddy District having acquired the s€une through a Gift Settlement Deed dated 0g.0g.2023 executed by her mother-in-1aw. 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 sarrre was allowed on 31.03.2016. Being aggrieved by the same, the respondent No.3 preferred the Writ Appeal No.7g4 of 2018 and the same was dismissed on Ot.Og.2O22, wherein it was held that Grama Kantam land is not a Government land and is also not vested in Grama , SK,J Panchayat and therefore. rejecting application filed by the petitioner dated 16.O8.2023 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 {iled by the petitioner for grant of building perlnlsslon.

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 I fact the land in question 1S 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. SK,J

6. After hearing both sides and on perusing the record, th js 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 <:ontention 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 1n W.P.No.392/2008 questioning the proceedings dated

04.01.2008 of the respondent No.3 as well as the respondent No.1 and 2 therein directing demolition of structures erected by the petitioners therein were set SK,J aside on the ground that the Grama Kantam land is not a Government land and is also not vested in Gram panchayat and restrained the respondents from interfering with the structures erected by the petitioners therein in any marrner. Further, being aggrieved by the same, the respondent No.3 carried the matter in appeal vide W.A.No.784 of 2018 and the same was dismissed by the Division Bench of this Court on OL.OB.2O22 and held that the Grama Kantam land is not a Government land and the Judgment in Vunnam Bangarraju Vs. Gooernment of Andhra Pradesht is settled law.

8. ln Vunnam Bangataju Vs. Gooernment of And.hra Prod.esh (supra) this Court held that: "9. Gramd Kantam Land is not a Gouernment Land and tLvre is no prohibition to undertake transactions on the said lands. In fod, Gromokantam descibes th.e area identified for the purpose of construction of residential houses and incid,ental structures in uiltage. lt b neither a gouernment land nor land uested in the uillage Panchagats. AXX | 2Ot4 (3) ALD 443 SK,J

12. No stature prouisos i-s brouglt to my notice which prohibtt sale propertg standing in th.e nome of a partianlar persorl, uthich is classified in the reuenue record,s as Grama kantam....-"

9. The subject plot of the petitioner is also in situated in Grama Kantam land of Bachupally Village having acquired through gift settlement deed executed by her mother-in-law. Further some of the villagers have already constructed houses in the Grama Kantam land of Bahcupally village and living therein. The respondents cannot deny permission for construction of house over the subject plot on the ground that it is a Grama Kantam land.

10. In view of the same, the Writ Petition is allowed and impugned order passed by the respondent No.3 is set aside, by directing the respondent Nos.2 and 3 to process tht: application filed by the petitioner dated

16.08.2023 for granting of building permission 1n respect of the subject plot i.e. 102 Sq.yards situated at Grama Kantam land at Bachupalli village of Kandukur Mandal of Ranga Reddy District in accordance with Pqge 7 of 7 law, within two (2) months from the date of receipt of copy of this order. 1 1. Miscellaneous applications pending, if any, in this Writ Petition shall also stand closed. No order as to costs. Date:L8.O7.2024 JUSTICE K.SARATH