Disposed

P Syamala v. The State of Andhra Pradesh

Andhra Pradesh HC4 Nov 2024WP/2552/2021

Case brief

AI extract

What is this about?

Landowners whose land was partially acquired sought permission to construct houses on the remainder via a representation to the Gram Panchayat, which went unanswered. The High Court disposed of the writ petition directing respondent authorities to decide the representation dated 04.11.2020 within four weeks, without costs.

What did the court decide?

Direction to respondents to dispose of petitioners' representation dated 04.11.2020 within four weeks from receipt of order copy; no costs.

P Syamala Vs The State of Andhra Pradesh — Municipal and Town Planning | Andhra Pradesh HC (2024)

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‘■x

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction)

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TUESDAY, THE FIFTH DAY OF NOVEMBER 2 TWO THOUSAND AND TWENTY FOUR i

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PRESENT

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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

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WRIT PETITION NO: 2552 OF 2021

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Between:

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P. Syamala, W/o. Sri P. Purushotham Hindu, aged 40 years Occ.Agriculture, R/o.H.No.4-7a Thummalagunta Village^{TirupatiRural,} Chittoor District Andhra Pradesh.

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D.Indiramma, W/o.Sri D.Reddaiah Hindu, aged 44 years Occ: Agriculture, R/o.H.No.4-52 Pedda Harijanawada Maddipatlavandipal^le Chittoor District, AP.

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C.Rahel, W/o.Sri Israyal Aged 41 years Occ.Agriculture^{R/o.H.No.2-49-} 37-879, Maruthinagar, Korlagunta, Tirupati Urban, Chittoor District Andhra Pradesh.

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P.Kuppaiah, S/o. Sri P. Kandhaiah Aged 42 years,^{Occ.Agriculture,R/o.} H. No.8-110 / 41, Gandhipuram Avilala, Tirupathi Rural^{ChittoorDistrict,} Andhra Pradesh.

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R.Mangamma, W/o.Sri R.Krishnaiah Hindu, aged 39 years Occ.Agriculture, R/o.H.No.4-17 Ambedkar Colony, Mallamgunta Tirupathi Rural, Chittoor District Andhra Pradesh

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K. Subhashini, C/o.K.Naresh Hindu, aged 30 years R/o.H.No.7-24, Janardhan Colony Peruru, Tirupati Rural Chittoor District,^AP

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A.Vallemma, W/o.Sri A.Muniswamy Hindu, aged 43 Years Occ.Agriculture, R/o.H .No.8-80/4 Gandhipuram, Water^Tank Street Tirupati Rural, Chittoor District, AP.

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P.Prasad, S/o.Sri P.Nagaraja Hindu, aged 32 years^{Occ.Agriculture} R/o. H. No.4-55/ 5, Arundathipuram Peruru, Tirupati Rural Chittoor District, AP.

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P.Bujjamma, W/o. Sri P.Yesaiah Hindu, aged 42 years^{Occ.Agriculture,} R/o.H.No.8-80/2 Gandhipuram, Water Tank Street Tirupati Rural, Chittoor District Andhra Pradesh.

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lO.D.Harendra, S/o.Sri D.Subbaiah, Hindu, aged 58 years Occ.Agriculture R/o.H.No.4-16, Haripuram Colony Peruru, Tirupathi Rural Chittoor District, Andhra Pradesh.

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...PETITIONERS

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AND

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The State of Andhra Pradesh, Rep.by its Principal Secretary Panchayat Raj Department, A. P. Secretariat, Velagapudi, Amaravati.^Guntur District, Andhra Pradesh

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The State of Andhra Pradesh, Rep.by its Principal Secretary Revenue Department, A.P. Secretariat, Velagapudi, Amaravati. Guntur District, Andhra Pradesh

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The District Collector, Chittoor District, Andhra Pradesh

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The District Panchayat Officer, Chittoor District,^{AndhraPradesh} ' - 5. The Divisional Panchayat Officer, Tirupathi Division, Tirupathi Chittoor District, Andhra Pradesh -

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The Tirupathi Urban Development Authority (TUDA), Tirupathi, Chittoor District, AP Rep.by its Vice Chairman and Managing^Director

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V /'

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The Mallamguhta Grampanchayat Mallamgunta, Tirupathi^Ruralmandal Chitoor District, Andhra Pradesh Rep.by its Secretary:'"^

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...RESPONDENTS

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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 issue a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the inaction on the part of the Respondent No.7 in considering the petitioners' representation dt. 04-11-2020 for granting permission for construction of a buildings in their lands admeasuring to an extent of Ac.0.99 cents in Sy.No.147 of Mallamgunta Village, Tirupathi Rural, Chittoor District, Andhra Pradesh , as being illegal, arbitrary and contrary to the provisions of the A.P.Panchayat Raj Act, 1994. ^

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lA NO: 1 OF 2021

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 7**^ respondent to consider the petitioners' representation dt.04-11-2020 and pass appropriate orders pending disposal of the above writ petition.

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Counsel for the Petitioner: M/s. SHANTHASREE ELIPE

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Counsel for the Respondent Nos.1, 4 & 5 : GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT v-

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Counsel for the Respondent Nos.2 & 3 : GP FOR REVENUE '

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Counsel for the Respondent No.6 : SRI MUNI REDDY PERURUj SC FOR TUDA

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v/' Counsel for the Respondent No.7 : SRI M. SUDHIR, SC FOR GRAM PANCHAYAT

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The Court made the following: ORDER

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APHC010037482021

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330] (Special Original Jurisdiction)

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TUESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

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WRIT PETITION NO: 2552/2021

Between;

P.Syamala and Others

...PETITIONER{S)

AND

The State of Andhra Pradesh and others ...RESPONDENT(S)

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Counsel for the Petitioner(S):

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1.SHANTHASREE ELIPE

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Counsel for the Respondent(S):

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1 .GP FOR PANCHAYAT RAJ RURAL DEV 2.MUNI REDDY PERURU (SC FOR TUDA) S.Mattegunta Sudhir, Standing Counsel ForZ.P.Ps, M.P.Ps, Gram Panchayats

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The Court made the following order:

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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

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WRIT PETITION NO: 2552 of 2021

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ORDER:

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The grievance of the petitioners in the present \A/rit^{petitionisthat} in not granting permission for construction of buildings^intheirlands admeasuring to an extent of Ac.0.99 cents in Sy.No.147 of Mallamgunta Village, Tirupathi Rural, Chittoor District, despite an application/representation made by the petitioners^{totherespondent} authorities under the provisions of the A.P.Panchayat^RajAct,1994.

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It is asserted in the affidavit filed in support of^{thewritpetition} that for the public purpose the revenue authorities i.e., the Revenue Divisional Officer, Tirupathi, Chittoor District have taken the possession of the petitioners’ land in an extent of^{Ac.3.76centsoutof} Ac.4.75 cents in Survey No.147. Since then, the petitioners^are in possession of the rest of their land and made an application to the respondent authorities to permit them to construct^pucca houses therein and also survey was conducted on 07.09.2014^{confirmingthe} and white card holders and petitioners are landless poor persons belonging to below poverty line and SC community.

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In respect of the contents made in the affidavit, this Court is inclined to dispose of the writ petition directing the respondent authorities to dispose of the representation, dated^{04.11.2020,ofthe} for construction of petitioners, which is filed to grant permission

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building, within a period of four weeks from the date of receipt of a copy of this order.

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Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

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As a sequel, miscellaneous petitions pending if any, shall stand

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closed.

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Sd/- M. PRABAKAR RAO //TRUE COPY// ASSISTANT REGISTRAR

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SE^TIOfTDFFICER

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Department, State of Andhra

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Pradesh A. P. Secretariat, Velagapudi, Amaravati. Guntur District Andhra Pradesh

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^he Princip^ Secretary Revenue Department, State^ofAndhra A Velagapudi, Amaravati. Guntur District Andhra Pradesh

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The District Collector, Chittoor District, Andhra Pradesh.

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The District Panchayat Officer, Chittoor District,‘Andhra Pradesh. Chittoor

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6, The Vice Chairman and Managing Director, Tirupathi Urban Development Authority (TUDA), Tirupathi, Chittoor District. ,AP.

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Secretary Mallamgunta GrampancHayat Mallamgunta, Tirupathi

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Rural Mandal Chitoor District, Andhra Pradesh.*^

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One CC to M/s. Shanthasree Elipe, Advocate [OPUC]

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Panchayat Raj & Rural Development, High Court of

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Andhra Pradesh. [OUT]

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10.TWO CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 11 .One CC to Sri Muni Reddy Peruru, SC for TUDA (OPUC) 12. One CC to Sri M. Sudhir, SC for Gram Panchayat (OPUC) 13. Three C.D. Copies.

Cnr

HIGH COURT

DATED:05/11/2024

ORDER

WP.No.2552 of 2021

10 JAN 2125 ^ Current Section ^ ^

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DISPOSING OF THE W.P. WITHOUT COSTS

P Syamala v. The State of Andhra Pradesh

Case brief

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P Syamala v. The State of Andhra Pradesh

Case brief

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