High Court · 2025

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 issue an appropriate Writ or Direction more particularly in the nature of Writ of Mandamus declaring the action of Respondent No. 2 i.e. Gram Panchayat, Mungode Village in passing remarks dated 2910412024 in e- Panchayat Citizen Portal and not processing the Layout Application submitted by the Petitioners for Proposed layout in the land Ac. 6.17 Gts in Sy.No. 265,266 and 272 of Mungode Village and Mandal, Nalgonda District as arbitrary, unreasonable, against principles of natural justice and set aside the same and consequently direct the Respondents No.2, 5 and 6 herein to consider the Layout Application No. 1882 dated 2310412023 submitted by the Petitioners and grant the residential layout in favour of the Petitioners in accordance with the provisions of -elangana Gram Panchayat Land Development (Layout and Building) Rules, 2002 in respect of land Ac. 6.17 Gts in Sy.No. 265, 266 and 272 of Mungode Village, L,4ungode Mandal, Nalgonda District lA NO: 1 OF 2024 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 respondents No.2,5 and 6 herein forthwith process the Layout Application No. '1 882. daled 23-04-2023 submitted by the petitioners and grant Layout Permission in favour of the petitioners in respect of land Ac. 6.1 7 guntas in Sy. No. 265, 266 and 272 of Mungode Village, Mungode Mandal, Nalgonda District, pending disposal of the Writ Petition IA NO: 2 OF 2024 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 receive the additional documents filed along with this petition lA NO: 3 OF 2024 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 receive the (1) Village tMap (2) Letter from Govt. Pleader to panchayath Secretary (3) Survey report of Mandal Surveyor of Survey No.266/p (4) Certificate of Demarcation vide File No.Bl280l2O21 dated 01-09-2021 (5) Survey report filed by Deputy lnspector vide File No.A3l424l2O23 dated 1O-O1-2024 (6) Survey report filed by Deputy lnspector vide File No. A41490/2023 dated 17-02- 2024 (7) Survey report filed Mandal Surveyor for Survey No.336 File No.F 128312022 (8) Demarcation certificate vide file No.A3l18712022 and A3111912023 both dated 04-04-2023 by AD, Survey and land records for survey Nos. 336, 265.266 and 272 (9) Sale Deed Doc.No.2Ogl2O21, (10) Sale Deed Doc.No.105412022, (11) Sale Deed Doc. No.'199/2023, (12) Sale Deed Doc.No 20212023, (13) Sale Deed Doc.No 200/2023 (14) Sale Deed Doc.No.197/2023, (15) Letter from DTCPO, Nalgonda to DPO Nalgonda and Panchayath Secretary, Munugode Grampanchayath and Mandal, Nalgonda District vide Lr.No.47|2O23/DTCPO/NLG dated 11-11-2024 and (16) Letter from DTCPO, Nalgonda to Lessening officer, Survey and Land Records, Hon'ble High court of Telangana vide Lr.No.47i2023lDTCPOlNLG dt.1 1.11.2024 as additional material papers in the above writ petition, rn the interest of ,1ustice. Counsel for the Petitioner: SRI. E. SREENIVASA RAO Counsel forthe Respondent Nos.1&5: GP FOR PANCHAYAT RAJ RURAL DEVELOPMENT Counsel for the Respondent No.2: SRI KISHORE RAO PUSKURU, SC FOR TSZILLA PARISHADS Counsel for the Respondent No.3: GP FOR REVENUE Counsel for the Respondent Nos.4&5: SRI B. JAGAN MADHAV RAO, SC FOR MUNICIPALITY Counsel for the Respondent Nos.7to10: SRI JANARDHAN GOUD SUNKARI The Court made the following: ORDER THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI w. P.NO. 20878 0F 2024 ORDER: In this writ petition, the petitioners are seeking a writ of mandamus declaring the action of the respondent No.2 i.e., Gram Panchayat, Mungode Village in passing remarks dated

29.04.2024 in e-Panchayat Citizen Portal and not forwarding the layout application submitted by the petitioners to the respondent No.5 for consideration as illegal, arbitrary and consequently to direct the respondents No.2, 5 and 6 to consider the layout application and to pass such other order or orders in the interest ofjustice.

2. Learned counsel for the petitioners submitted that the petitioners have submitted the layout application to the Gram Panchayat. It is submitted thereafter, that under the Andhra Pradesh Gram Panchayat Land Development (Layout and building) Rules-2002, the application has to be forwarded to the DTCP authorities for consideration, who shall pass orders thereon. However, in spite of the above rule position, the Gram Panchayat has been using one or the other objections and even though the objections have been 2 IMD.J w.P.No.2oa7a oJ 2024 I l addressed, the respondent No'2 has rejected the application of the petitioners by making the following observation on the e- PanchaYat Citizen Portal: Due to Court case OS.No.:36O/202O and IA No.: 1 66/ 2020 inteim injection order at Addl. ,Junior Ciuit judge Nalgonda. Since ttre matter is for und.er consideration before the Hon'ble Ciuil Court at Nalgonda if ang steps are taken rttith regarding to subject land it may affect on the consideration of th'e issue before the Hon'ble Court and also another case at High Court WP.33951/2023 with praAer to giue direction to state offtcials for surueg ond demarcation of subject land and same Luas allouted bg Hon'ble High Court as per the direction the surueA work also not Aet completed ttLith regarding to subject land ue can't say wheth'er the land to the ertension of O.2O guntas in the same suruey no', is in layout or not it is the duty of the Hon'ble Ciuil Court to decide. Thus observing, the respondent No'2 did not forwald I the application to the DTCP authorities'

3. trarned counsel for the petitioner submitted that as per the Andhra Pradesh Gram Panchayat Land Development (Layout and building) Rules, the Gram Panchayat has no authority to reject the application and therefore, the action of the respondent No'2 in making such comments on the e-Panchayat Citlzen Portal is illegal' It is - 3 T''D,J Ct.P.tlo.2oa7a of 2024 further submitted that another objection was raised to the effect that there is litigation with regard to the access from the draft layout in front of the proposed layout and also referred to the letter addressed by the Gram Panchayat to the DTCP pursuant to the survey conducted that there is no such litigation or denial of access to the proposed layout' It is thus submitted that in spite of such a letter addressed by the Gram Panchayat to the DTCP authorities, the application of the petitioners has not been forwarded and this is causing great hardship to the petitioners.

4. The learned standing counsel appearing for the respondents, has hled a counter affrdavit according to which, the application of the petitioners has been rejected by the respondent No.2 and there is a reference of rejection of the application by the respondent No.5 as well.

5. However, the learned counsel for the petitioner has drawn the attention of this Court to the endorsement dated 04.05.2023, where there is only a reference to the objection, but there is no rejection of the application of the petitioners by respondent No.5. Therefore, the contentions of 4 TLlD,J W.P.No.2OA7a of 2024 the respondent No.2 appears to be incorrect and without anv basis.

6. I-earned counsel appearing for the respondents No.7 to 10 submitted that they are the owners of certain land in the draft layout in front of proposed layout and the petitioners are trying to grab the said land in the guise of obtaining the layout permission. Therefore, he has raised certain objections and without considering their objections, the Gram Panchayat as well as DTCp authorities are trying to grant permission. It is submitted that another writ petition has been filed by the respondents No.7 to 1O for survey ol the land to demarcate their land. Therefore, he prayed that a direction may be given not to grant layout permission till the survey is concluded and the land is identihed. 7 . Having regard to the rival contentions and the material on record, this Court finds that the main objection of the petitioners is that the Gram panchayat, which is only the executing authority under the Andhra pradesh Gram Panchayat Land Development (Layout and building) Rules, exceeded its jurisdiction in making the remarks dated 5 TilD,J W,P.No.2OA7a of 2024

29.O4.2O24 and rejecting the application of the petitioners. It is submitted that the stand taken by the Gram Panchayat is contrary to the stald taken by the DTCP authorities in the writ petition hled by the respondents No.7 to 10. The observations of Gram Panchayat as well as the DTCP, with regard to the access road, go contrary to their own correspondence dated I 1.O5.2023. B. In view of these |acts and circumstances and in view of the fact that the authority of granting layout permission vests with the DTCP authorities, this Court deems it frt and proper to direct the respondents No.2 to forward the application of the petitioners to respondent No.5 and thereafter, the respondents No.s and 6 to consider the application of the petitioners for layout permission and pass orders thereon within a period of two (2) months from the date of receipt of a copy of this order. The objections of the respondents No.7 to 10 shall also be taken into consideration before passing such orders.

9. Accordinglv, the writ petition is disposed of. There shall be no order as to costs. t I I I 6 TMD'J W.P.No.2oa7a oJ 2024 if any, pending in this 1O. Miscellaneous Petitions' rvrit petition, shall stand closed' \ \ //TRUE COPYi/ SD/. P. PADMANABHA REDDY N REGISTRAR ASSIS TION OFFICER To'

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