Yeruva Sunitha Meri v. The State of Telangana

Petition under Article 226 of the 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 declering the action of the Respondent No.3 in rejecting the application dated 30.10.2024 with reference number 75 in respect of granting building permission to an extent of 182.24 Sq.mts, situated at Grama Kantam land at Bachupally Village, Kandukur Mandal, Ranga Reddy District. The Memo No. 6442 I 2017-81 (Pts)-1 daled 2510312023 of the Respondent No.2 as illegal, arbitary 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 lhe petitioner with referrence number 75 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. 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 to direct the Respondent No. 2 and 3 to process the application, dated 30.10.2024 of the petitioner with referrence number 75 by granting building permission to the petitioner for an exlent of 182.24 Sq.mts, situated at Grama Kantam land at Bachupally Village, Kandukur Mandal, Ranga Reddy District, pending disposal of the above writ petrtion. Counsel for the Petitioner : SRI V.ROOPESH KUMAR REDDY Counsel for Respondent No.1&2:ASST.GP FOR PANCHAYAT RAJ RURAL DEV Counsel for Respondent No.3 : SRI KATTA PRADEEP REDDY, SC FOR Gp The Court made the following: ORDER n THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.6881 0F 2025.- ORDER: This Writ Petition is liled, under Article 226 of the Constitution of India, seeking the following relief: "...pleased to pass an order or direction one in nature of Writ of Mandamus declaring the action of respondent No.3 in rejecting the application dated 30.10.2024 \:r.t!il reference number 75 in respect of granting building permission to an extent of 1a2.24 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 25.03.2023 of respondent No 2 as illegal, arbitrary arrd against the Principles of Natural Justice and set aside the same by consequently direct the respondent Nos.2 ald 3 to process the application dated 30/1O/2O24 of tlre petirioner with reference number 75 by granting building permission to the petitioner for an extent of 182.24 Sq.mts. situated at Grarna Kantam land at Bachupally Village, Kandukur Mandal, Ranga Reddy District in accordance to law and pass..."

2. Learned for the petitioner submits that the issue t involved in this writ petition is squarely covered by the order passed by this Court in W.P.No.3033 I of 2023, dated

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

3. In view of the said submissions and for the reasons assigned by this Court in W.P.No.30331 of 2023, dated 1 \ 2 I8.O7.2O24, the writ petition is allowed by setting aside the impugned order and respondent Nos.2 and 3 are directed to process the application filed by the petitioner dated

20.70.2024 lor grant of building permission in respect of the lands to an extent of 182.24 Sq.mts., situated at Grama Kantam Land, Bachupally Village, Kandukur Maldal, Rarrga Reddy District in accordance with law within a period of two (02) months from the date of receipt of a copy of this order.

4. The Registry is directed to annex a copy of the order dated 18.07 2024 in W.P.No.3O33 1 of 2023 along witir this order. There shall be no order as to costs. Pending miscellaneous applications, if any in this petition, shall stand closed //TRUE COPY// SD/. L.-LAKSHMI BABU DEPUTY REGISTRAR ,1 SECTION OFFICER To,

1. The Principal Secretary (Panchayat Raj Departmenti' Secratrait Buildings State of Telangana, 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] S.TwoCCstoGPFoRPANCHAYATRAJRURALDEV,HighCourtforthe State of Telangana. [OUT]

6. One CC to SRI K.PRADEEP REDDY' SC FOR GP IOPUCI 7. Two CD CoPies. .opv of the order, dated 1 8-o7 -2024 in w P'No 3033 1 of 2023 4/ s,,"# 8lx:fi BSK GJP \. \ HIGH COURT DATED:06103,1202s \ e o L) \ 17 JUN 2025 Or Sr-- . r.t-'lr' ORDER WP.No.688f of 2025 ALLOWING THE WRIT PETITION WITHOUT COSTS 7 ( (, ------ // / SK,,) THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.3O331 OF 2023 ORDER:

1. This Writ Petition is Iiled 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 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 Palchayat 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 sr,J I Ranga Rr:<Idy District having acquired the sarne through a Gift Settlement Deed dated 08.08.2023 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 aly 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, vvho are also in possession of the part of Grama Kantam land of Bachupally village, hled W.P.No.392 of 2008 and the same was allowed on

31.03.2016. Being aggrieved by the sanle, the respondent No.3 preferred the Writ Appeal No.784 of 2018 and the same was dismissed on O1.O8.2O22, 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 liled by the petitioner dated t6.O8.2023 seeking building permission in respect of the subject plot, which is also a Grama Kantam land is arbitrary and iltegal and requested to set aside the impugned order ald to direct the respondent Nos.2 and 3 to process the application filed by the petitioner for grant of building permlsslon.

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 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 guntas. Further, the impugned order was passed basing resolution passed by the respondent No.3 on 26.06.2021, and there a.re no merits in the writ petition and requested to dismiss the writ petition. Poge 4 of 7 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 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.O8.202i1 for building permission was rejected on the grountl 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 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 1n W.P.No.392/2008 questioning the proceedings dated

04.0i.200ti 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 manner. Further, being aggrieved by the same, the respondent No.3 carried the matter in appeal vide W.A.No.Zg4 of 20lB and the same was dismissed by the Division Bench of this Court on O1.O8.2O22 and held that the Grama Kantarn land is not a Government land and the Judgment in Vunnam Bangarraju Vs. Gooernment of And,hrq Prad.esht is settled law. I

8. ln Vunnam Banganaju Vs. Goaernment of Andhra Pradesh (supro/ this Court held that: "9. Grama Kantam Land is not a Gouernment Land_ and. there is no prohibition to undertake transoctions on the said. lands. In fact, Gramakantam d_escribes the area identiJied. for the purpose of construction of resid.ential houses and. incidental sttuctures in uillage. It is neither a gouernment land nor land uested in the uillage panchaAats. Xxx | 2014 (3) IJ-D 443 1 l l \ SK,J

12. No stature proui,sos i.s brought to mg notice tuhich prohibit sale propertg standing in the name of a particulor person, t hich i.s classifted in tte reuenue records as Grama kantam....."

9. The subject plot of the petitioner is also in situated in Grama Kantam land of Bachupalll' Village having acquired through gift settlement deed executed by her mother-in-1aw. 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 constructron 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 the application hled by the petitioner dated

1.6.08.2023 for granting of building perrnlsslon 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 SK,J 1aw, 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 JUSTTCE K.SARATH