High Court · 2025

Judgment

1. The State of Telangana, Rep by its Principal Secretary (Panchayat Raj Department), Secratrait Buildings Hyderabad.

2. The Eistrict Collector, , Ranga Reddy District, Hyderabad. The Bachupally Grama Panchqlat,, Bachupally, Kandukur Mandal, Ranga Reddy District, Rep by its Secretary. ..RESPONDENTS

Petition under Article 226 of the Constitution of India praying.,that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or direction one tn nature of Writ of Mandamus declaring the action of the Respondent No.3 in rejecting the application dated 3011012024 with reference number 102 in respect of granting building permission to an extent of 241.64 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 25tO312023 of the Respqrdent No.2 as illegal, arbitrary and against the Principles of Natural Justice and setaside the same by cdnsequently direct the Respondent No. 2 and 3 to process the application, dated 30/'10/2024 of the petitioner with reference number .102 by granting building permission to the petitioner for an extent of 241.64 Sq.mts, situated at Grama Kantam land at Bachupally Village' Kandukur l\rlandal, Ranga Reddy District in accordance to law. IA NO: 1 OF 2025 petition under Section '1 51 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 102 by granting building permission to the petitioner for an exlent of 241 .64 Sq mts, situated at Grama Kantam land at Bachupally Village, Kandukur IVIan(al, Ranga Reddy District, pending disposal of the above writ petition. Counsel for the Petitioner: SRI V. ROOPESH KUMAR REDDy Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.2: GP FOR REVENUE Counsel for the Respondent No.3: SRI K. PRADEEP REDDy, SC The Court made the following: ORDER '.1 t ORDER THE HONOT,RABLE SRI JUSTICE K.SARATH WRITPETMON No. 687a oF 2025 This Writ Petition is filed, under Article 226 of the Constitution of lr-rdia, seeking the following relief: "...to pass an order or direction one in nature of Writ of Mandamus declaring the action of the respondent No.3 in rejecting thc application dated 30/1012024 with reference number lO2 in respect of granting building permission to al extent of 24 1.64 Sq.mts. situated at Grama Kantam land at Bachupally Village, Kandukur Mandal, Ranga Reddy District. The Memo No. 6442 I 2Ol7 Bl (Pts)-1 dated 25/03/2023 of respondent No.2 as illegal, arbitlary ald against the Principles of Natural Justice zLnd setaside thc same by consequently direct the Respondent Nos.2 and 3 to process tJ.e application, dated 3OllO/2O24 of the pctitioner rvith reference number 102 by granting building pcrmission to thc petitioncr for an extent of 241.64 Sq.mts, situated at Graina Kantarn land at Bachupally Village, Kanctukur Mandal, Ranga Reddy District in accordance to 1aw and pass..." Learned lor the petitioner submits that the issue 2 involved ir-r this u rit petition is squrarely covered by the order passed by this Court in W.P.No.3O331 of 2023, dated

18.07.2024 and the same is not disputed by the learned I I Assistant Government Pleader for Panchayat Raj and Rural Dcvelopment and learned Standing Counsel for respondent No.3-Gram Pa-rlchayat.

3. In vieu' of the said submissions and for the reasons assigned b1' this Court in W.t'].No.30331 of 2023, dated (.

18.07.2024, the writ petition is allowed b.y setting aside the impugned order and respondent Nos.2 and 3 are directed to process the application filcd by the petitioner dated

20.1O.2024 for grant of building permission in respect of the lands to an extent of 241.64 Sq. mts. , situated at Grama Kantam Land, Bachupally Village, Kandukur Mandal, Ranga Reddy District in accordance with law within a period of two (02) months from the date of receipt ol a copy of this order.

4. The Registry is directed to annex a cop-v of the order dated 18.O7.2024 in W.P.No.3O33 1 of 2023 along with this order. There shall be no order as to costs. Pending miscellarcous r,...pplicatioris, if any in this petition, shall stand closed. SD/-K. SREE RAMA MURTHY ASqSTANT REGISTRAR- //'RUE coPY/' '\rEcr6r orircen \j The Principal Secretary (Panchayat Raj Department) Secratrait Buildings The Siale ot T6langana HYderabad The District Collector, , Ranga Reddy District' Hyderabad' The Secretary, The Bachupally Grama Panchayat" Bachupally' Kandukur Mandal, Ranga ReddY District' One CC to Sri V Roopesh Kumar Reddy' Advocate IOPUCI Two CCs to GP for Panchayat Ra1 fuql Development' High Court for the State of Telangana at Hyderabad [oU ll Two CC to The GP for Revenue, High Court for the State of Telangana' at HyderabadIOLrT] One CC to Sri K Pradeep Reddy, SC[OPUC] Two CD CoPies fni"'.i"*it-n inl'. Copy of Court Order dt.18lo7l2O24 in W P'No 30331 of 2023) I To, 1 2 2 4 5 o 7 8 TJ GJP HIGH COURT DATED:06103t2025 I \ ORDER WP.No.6878 crf 2025 o o 1di S14) (' ( o; ( ( 23 JUN ilffi t a€s'',: I I:,i I ,--C ,/ ALLOWING THE WRIT PETITION WITHOUT COSTS ?+ 9d()(-o E 9-) P?ge 1 of 7 SKJ THE HON'BLE SRI JUSTICE K.SARATH WRIT PbTITION No .30331 0F 2023 ORDER: 1. This Writ Petition is filed questioning the action of the respondent No.3 in rejecting the application dated 16.08.2023 fied for the petitioner for grant of permission for construction of the building in an extent of 102.5 Sq.Yards situated in Grama Kantam Land in Bachupally village of Kandukur Mandal, Ranga Reddy District and reqlrested 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 folr Panchayat Raj and Rurai 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 - \ sK../ Ranga Rr:ddy District having acquired the same through er Gift Settlement Deed dated OB.OB.2023 executed by her mother-in-law. The pelftioner with a view to corlstruct a building in the said piot fited online applicatior-r on 16.08.2023 and the same was rejected by the respondent No.3 on the ground that in '"'iew of the resoltrtion passed by the Grama Sabha Meeting held on 26.06.2021, wherein it was resolvecl that not to give any building permissions in respect of Grama Kantam Lands and open spaces in the village.

4. The learned Counsei .for the petitioner would further submit that some of the similarly situated persons, who are also' in possession of the part of Grarira Kantam land of Bachupally *village, Iiled W.P.No.392 of 2OO8 and the same was allowed on

31.O3.2O16. Being aggrieved by the same, the respondent No.3 preferred the Writ Appeal No.784 of 2018 ancl the same was dismissed on OL.OB.2O22, wherein it was held that Grama Kantam land is not a Government land and is also not vested in Grama SK,J Palchayat and therefore rejecting application filed by the petitioner dated 16.0g.2023 seeking building permission in respect of thg subjqct 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 f application fiied by the petitioner.for grant of building pe rm iss ion .

5. The learned Standing Counsei for Gram Panchayat basing on the counter filed by the respondent No.3 would submit that as a matter of a fact the land in question is 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 g'untas. Further, the impugned order was passed basing resolution passed by the respondent t-. No.3 on 26.06.2027, and there 3he no meritS. in the writ petition and requested to dismiss the writ petition. I I P\ge 4 oJ 7 .SKJ

6. After hearing both sides and on pemsing the record, this Court is of the considered view that the petitione r is the owner and possessor of the subject plot to an extent of 702.5 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 resolutior-r 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 . Thc contention of the learned Counsel for the petitioner is that some of the villagers, who zrre ln possession of part of Grama Kantam land in Bachupall_v, have filed writ petition W.P.No.392/2008 questioning the proceedings dated O4.O1.2OOB 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 ----- Poge 5 of 7 sKtJ aside on tfre ground that the Grama Kantam land is not a Government land and is also not vested in.Qram 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 2Ol8 and the same was dismissed by the Division Bench of this Court on 01.08.2022 and held that the Grama Kantam land is not a Government.land and the Judgment in Vunnam Bangarcaju Vs. Gcivenrment of Andhra Pradeshl is settled law.

8. In Vunnam Bangarraju Vs: Gooernment of Andhra Pradesh (supra) this Court held that: "9. GramanKantam Land is not a Gouemment Land and there is no prohibition to undertake,transactions on the said. lands. In fact, Gramakantam describes the area identified for the purpose o_f construction of residential houses and. incidental stnlctures in uillage. It is neither a,.gouemment land nor land uested in the uillage Panchayats. Xxx | 2Ot4 13) ALD 443 Page 6 oI 7 SK,J \

12. No stature prouisos is brought to my notice uthich prohibit sdle propertA standing in the name of a partianlar person, uhich is class{fied in the reuenue vss67c13 c:s Grana kantrLnt g. 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 KantamlarrdofBahcupallyvillageandlivingtherein. The respondents cannot deny permission for construr:tion of house over the subject plot on the ground that it is a Grama Kantam land' ,l process the

10. In view of the same, the Writ Petition is allowed and impugned order passed by the respondent No'3 is set asicle, by directing'the respondent Nos'2 and 3 to application frled by the petitioner dated for granting of building permlsslon 1ll t6.08.2023 respect of the subject plot i'e' 102 Sq'yards situated at Grama Kantam land at Bachupalli village of Kanduk'ur Mandal of ;Ranga Reddy District in accordance with '., sl(,J law, withid two (2) months from the date of receipt of copy of this order. 1 1. Miscellaneous appiications pending, if any, this Writ Petition shall also stand closed. No order as to costs. Date:18.O7.2024 JUSTICE K.SARATH