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 the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to pass an order or direction one in nature of Writ of l\rlandamus declaring the action of the Respondent No.3 in rejecting the application dated 30.10.2024 with reference number 76 in respect of granting building permission to an extent ol 182.24 Sq.mts, situated at Grama Kantam land at Bachupally Village, Kandukur lv1andal, Ranga Reddy District. The Memo No. 6442 I 2017-81 (Pts)-1 dated 25.03.2023 of the Respondent No.2 as illegal, arbitrary and against the Principles of Natural Justice and setaside the same by consequently direct the Respondent No. 2 and 3 to process the application, dated 30.10.2024 of the petitioner with reference number 76 by granting building permission to the petitioner for an extent of 182.24 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 lA 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 This Hon'ble 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 76 by granting building permission to the petitioner for an extent of 1g2.24 Sq.mts, situated at Grama Kantam land at Bachupally Village, Kandukur Maridal, 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 forthe Respondent NO.2: GP FOR REVENUE Counsel for the Respondent NO.3: SRI P. KISHORE RAO SC FOR MC The Coud made the following: ORDER THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.348O of 2025 ORDER This Writ Petition is filed seeking the following relief "...to pass an order or direction one in noture of Wit of Mandamus declaing the action of the Respondent No.3 in rejecting the application do.ted 30.10.2024 uith reJerence number 76 in respect of granting building permission to an ertent of 182.24 Sq.mts. situated at Groma Kantam land at Bachupallg Village, Kandulcur Manda| Ranga Reddg District. 'l'he Memo No.6442/ 201 7-81 (Pts)-l dated 25.03.2O23 of the Respondent No.2 as illegal, arbitrary and agoinst the Pinciples cf Notural .lusttce and setaside the same by consequentlg direct tle Respondent No.2 and 3 to process the application dated 30.i0.2024 of the petitioner utith reference number 76 bg granting building permission to the petitioner for an ertent of 182.24 Sq.mts. sifuoled at Grama Kantam land at Bach.upallg Village, Kanduktir Mandtzl, Ranga Reddy Distict in accordance to Latu and pass .such other order or orders mug 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 b1, this court in w.P.No.3033l of 2023 dated, 18.07.2024 and the same is not disputed by the learned Government Pleader for Panchayat Raj and Rural Development appearing for respondents No. 1, learned Government Pleader for Revenue appearing for respondent No.2 ar-rd Sri P. Kishore Rao, learned I t Standing Counsel for Gram Panchayat appearing for respondent 1\(,.J. ..-., 2 In view of the said submissions and for the reasons assigned 3. by this Court in W.P No'3033 1 of 2023 datecl 1 8'O7 '2024' tt'is writ Petition is aliowed by setting aside the impul3ned order and are directed trl Process the the resPondents No 2 and 3 dated 30.|C.'2024 for grarnt ol application fiieci by the petitioner building permission in respect of the subject pLot i'e ' 1a2 24 sq.mts. situatecl at Grama I(altam Land at Btrc.lupallv Village' Kaldukur Mandal, Ranga Reddy District' in acccrCance with larv' within two (2) months from the date of receipt o a cop\r of ''his order. No order as to costs'

4. Registry is directed to annex a copv of the order' dated 1A.O7.2024 in W.P.No'30331 of 2023 uong rvith t}-is order' Miscellaneous applications, if any, pendirrg u thrs rvrtt petition, shall stand closed //TRUECOPY// /\.. \) V SD/- T. JAYASREE A$slsrANT REGISTRAR ,/ / lsECrloNoFFlcER To, Hyderabad.

1. The Principal Secretary (Panchayat Raj Departmen[)" Secratrait Buildings

2. The District Collector, Ranga Reddy District, Hyderabac' 3. The Secretary, Bachupally Grama Panchayat' Bachupally' Kandukur Mandal' Ranga ReddY District.

4. One CC to SRl. V ROOPESH KUMAR REDDY Advocate [OPUC] 5. One CC to SRI P KISHORE RAO SC FOR MC [OPUCI 6.TwoCCstoGPFoRPANCHAYATRAJRURALDEV'HighCourtforthe State of Telangana. [OUT] 7 TwoCCstoGPforRevenue,HighCourtforthestateofTelanganaat Hyderabad. [OUTI Two CD CoPies I KKS GJP ielong with the copy of the ordcr dated 1801 '2024 inWPNO 3033l of2023) Y+- -.:: _' ,:-.*r ''i :el .,{i: .'& * I -*, i,l :. ! ,l'.irl j::t- HIGH COURT DATED:0610212025 ORDER WP.No.3480 of 2025 .i 16 ',125 z C) t:t (J ;,.t.;, \.'\r .'.,. ALLOWING THE WRIT PETITION WITHOUT COSTS \r-t4&h 'w^ #\5\ ,5 SK,J THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.3O331 OF 2023 ORDER:

1. This Writ Petition is hled questioning the action of the respondent No.3 in rejecting the applicatibn dated 16.08.2023 filed for the petitioner for grant of permission for construction of the building ln an extent of 102.5 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 of the 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 x ,r. Pqge 2 oJ 7 SK,J Ranga Reddy District having acquired the sarrle through a Gift Settlement Deed dated 08.08.2023 executed by her mother-in-1aw. The petitioner with a view to constmct a building in the said plot filed online application on 16.08.20 23 and the same was rejccted 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 Kartam land of Bachupally village, hled W.P.No.392 of 2008 and the same was allowed on

31.03.2016. Being aggrieved by the sarne, the respondent No.3 preferred the Writ Appeal Nc.784 of 2018 and the same was dismissed on 01.08.2022, 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 lald 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 liled by the petitioner for grant of building permrssron.

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 fact the land ln question 1S 1n 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 Kaltam 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.O6.2O2L, and there are no merits in the writ petition and requested to dismiss the writ petition J .. )r SK,J

6. After hearing both sides and on perusing the record, this 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 iecquired through Gift settlement deed from her niother-in-law dated 08.08 .2023. The grievance of the petitioner is that the online application filed by the pet.itioner on

16.08.2023 for building permission was rejected on the ground that Bachupally Gram Panchayal. passed resolution on 26.06.202I not to give anl' 16s56 permission in Grama Kantam Land of Ac.6.15i guntas and open spaces in the villages.

7. The contention 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 in 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 demc,lition of structures erected by the petitioners therein \rere 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 manner. 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 O7.O8.2O22 and held that the Grama Kantam land is not a Government land and the Judgment in Vunnam Bangarraju Vs. Goaernment o:f Andhra Pradesht is settled law.

8. ln Vunnam Bangarraju Vs. Goaernment of Andlva Prq.desh (sttpra) this Court held that: "9. Grama Kantam Land is not a Gouernment Land and there is no prohibition to undertake transactions on the said lands. In fact, Gramakontam describes the area identified for the purpose of construction of residential houses and incidental structures in uillage- It i.s neither a gouemment land nor land uested in the uillage PanchaAats. Xxx 1 2014 (31 ALD 443 SK,J

12. No stahre prouisos is brought to mg notice u.thich prohibit sale propertg standing in the name of a partictLlar person, which is classified in the reuenue records as Grama kantom....."

9. The subject plot of the petitioner is also in situated in Grama Kantam lald of Bachupally Village having acquired through gift settlement deed ,3xecuted 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 p1ot. on the ground that it is a Grama Kaatam lald.

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 the application filed by the petitioner dated

16.08.2023 for granting of building permission in respect of the subject plot i.e. lO2 Sq.yards situated at Grama Kantam land at Bachupalli village of Krandukur Mandal of Ranga Reddy District in accordance with Pdge 7 of 7 SK,J law, within two (2) months from the date of receipt of copy of this order.

11. Miscellaneous applications pending, if any, 1n this Writ Petition shall also stand closed. No order as to costs. Date:l8.O7.2024 JUSTICE K.SARATH