P Lakshmidevamma Vs The State of Andhra Pradesh

P LAKSHMIDEVAMMA, W/O. T.GIRISEKHAR AGED ABOUT 45 YEARS, OCC. HOUSEWIFE, R/O.D.NO.13A, BILLEARU VILLAGE, PUDIPETTA REVENUE PANCHAYATH, CHOWDEPALLI MANDAL, CHITTOOR DISTRICT.

¶13

G.PADMAVATI, W/O. D.VALAPPA AGED ABOUT 42 YEARS, OCC. HOUSEWIFE, R/O.D.NO. 27-10-7/1, PULAVARI STREET, OPP MUNICIPAL BUS STAND , PUNGANUR TOWN, CHITTOOR DISTRICT.

¶14

...PETITIONER(S)

¶15

AND

¶16

THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, PANCHAYATRAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

¶17

THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR.

¶18

THE TAHSILDAR, PUNGANUR MANDAL, CHITTOOR DISTRICT.

¶19

THE M P D 0, PUNGANUR MANDAL, CHITTOOR DISTRICT.

¶20

RAGANIPALLE GRAM PANCHAYATH, REP. BY ITS PANCHAYATH SECRETARY/EXECUTIVE OFFICER, PUNGANUR MANDAL, CHITTOOR DISTRICT.

¶21

PUNGANUR TOWN MUNICIPALITY, REP. BY ITS COMMISSIONER, PUNGANUR, CHITTOOR DISTRICT. R6 IS IMPLEADED AS PER THE ORDER OF THIS COURT DT 16/02/2023 VIDE ORDER PASSED IN IA 02/2023.

¶22

...RESPONDENT(S):

¶23

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 tomay be please to issue an appropriate Writ, Order or direction more particularly one in nature of writ of mandamus declaring the action of the respondents No.4 and 5 in not allowing petitioners to carry on the construction

2

HN, J

W.P.No.2963_2023

of house at the house sites pattas to petitioners Plot No's 06 and 07 in an extant of 0.02 cents each of in Sy.No. 225/8 at , Raganipalle Panchayath, Punganur Mandal, Chittoor District, as arbitrary, illegal,colorable exercise of power Voilative of fundamental and Constitutional Rights guaranteed to petitioners under Articles 14, 19, 21 and 300-A of the Constitution of India, and consequently direct the respondents No.4 and 5 not to interfere with petitioners rights over the house Plot Nos 06 and 07 in an extant of 0.02 cents each of in Sy.No. 225/8 at , Raganipalle Village, Punganur Mandal, Chittoor District without following due process of law and pass such

¶28

IA NO: 1 OF 2023

¶29

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 may be pleased to direct the respondents No.4 and 5 not to dispossess petitioners from the house Plot Nos 06 and 07 in an extant of 0.02 cents each in Sy.No. 225/8 at ,Raganipalle Village, Punganur Mandal, Chittoor District, without following due process of law pending disposal of the above Writ Petition and pass such

¶30

IA NO: 2 OF 2023

¶31

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 Pleased to permit the petitioner to implead the Punganur Town Municipality, Rep by its Commissioner Punganur, Chittoor District as the respondent No. 6 in the present writ petition and pass

¶32

Counsel for the Petitioner(S):

¶33

1.S PARINEETA

¶34

Counsel for the Respondent(S):

¶35

1.VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT

¶36

2.GP FOR REVENUE

¶37

3.GP FOR PANCHAYAT RAJ RURAL DEV

3

HN, J

W.P.No.2963_2023

ORDER:

The petitioners are aggrieved by the inaction on the part of respondent Nos.4 and 5 in not permitting them to construct houses over the land admeasuring Ac.0.02 cents each.

¶43

The petitioners have also impleaded Punganur Town Municipality as respondent No.6, after respondent Nos.4 and 5 filed a counter stating that the property of the petitioners does not fall within their jurisdiction.

¶44

It is submitted that the petitioners are allotted house sites admeasuring Ac.0.02 cents in the year 2014. The petitioners intended to construct houses; however, the respondent authorities have been obstructing the construction activity. Aggrieved by the same, the petitioners have filed the present writ petition.

¶45

The learned Standing counsel appearing for the 6^th respondent submits that the petitioners have not approached the 6^th respondent with the supporting documents, and the petitioners are required to submit an online application by paying the nominee fee along with the requisite title documents, for the 6^th respondent to consider and issue appropriate proceedings.

¶46

Recording the above submission, the present Writ Petition is disposed off, leaving it open to the petitioners to approach the 6^th respondent and submit an application, either physically or online, and the 6^th respondent

4

HN, J

W.P.No.2963_2023

shall consider the same and pass appropriate orders in accordance with

¶51

law. There shall be no order as to costs.

¶52

Pending miscellaneous petitions, if any, shall stand closed.