Andhra Pradesh High Court - Amravati
Addanki Suhasini, vs The State Government Of A.P., on 17 November, 2021
Author: M. Ganga Rao
Bench: M. Ganga Rao
HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITION No.25908 of 2021
ORDER:
Aggrieved by the action of the 4th respondent in proposing to cancel the building permission/plan approvals vide plan No.MLR No.4/2021-22 dated 04.10.2021, for construction of residential house in R.S.No.573/2 of Adivikolanu village, Nidamarru Mandal, at the instance of village ward members, the present writ petition is filed.
Heard learned counsel for the petitioner; learned Assistant Government Pleader for Panchayat Raj appearing for respondents 1 to 3 and Sri I. Koti Reddy, learned standing counsel appearing for the 4th respondent.
Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of land admeasuring 789 Square Yards in Sy.No.573/2 of Adivikolanu village, having purchased the same from one Kottu Satyanarayana, vide document No.1010 of 2009 dated 15.07.2009. On the application of the petitioner, petitioner was also granted construction permission by the 4 th respondent on 04.10.2021 vide M.L.R.No.4/2021-22. After obtaining permission, petitioner started construction of house in the above premises, without any deviations. Now the construction is at the pillars stage. While the things stood thus, the 4th respondent issued notice dated nil.10.2021 alleging that on 16.10.2021 one Kottu Suresh and others made complaint alleging that the petitioner is constructing a Church in the said premises, for which the petitioner submitted her explanation on 20.10.2021 stating that she is constructing only house but not anything other than which the permission was granted. Till 2 date no orders were passed thereon. Again notice dated 23.10.2021 was issued alleging that the construction site was not converted into yards as per the land conversion procedure and directed the petitioner to submit explanation for which also the petitioner submitted her explanation. Again another notice dated 30.10.2021 was issued to show cause, within three days as to why the building permission should not be cancelled inter alia stating that some of the ward members gave complaint to the Panchayat Secretary that the petitioner is constructing a church in the site. To the said notice also, the petitioner submitted her reply stating that she is not constructing Church in the site and that she is only constructing a house for residential use. No violations or deviations are pointed out in the construction being made by the petitioner. Without passing any orders on the explanation submitted by the petitioner, the panchayat staff are repeatedly coming to the petitioner's newly constructed structure and asking to stop further construction and remove the construction, which is illegal, arbitrary and contrary to the provisions of A.P Panchayati Raj Act, 1994.
Sri I. Koti Reddy, learned standing counsel, states that if any deviations are brought to the notice of the authorities, the authorities have to follow the procedure contemplated under the provisions of the Act and take appropriate action after passing orders.
Having regard to the facts and circumstances of the case, submissions of the learned counsel and on perusal of the material record, this Court in the interests of justice felt it appropriate to dispose of the writ petition directing the 4th respondent to consider the explanation submitted by the petitioner and pass orders duly 3 following the procedure under the provisions of the Act. Pending consideration of the explanation submitted by the petitioner, the respondents are directed to not to interfere with the construction of the subject building by the petitioner. There shall be no order as to costs.
Interlocutory Applications pending, if any, shall stand closed.
_______________ M. GANGA RAO, J 17.11.2021 Vjl 4 HON'BLE SRI JUSTICE M. GANGA RAO WRIT PETITION No.25908 of 2021 17.11.2021 Vjl