At, High Court of Andhra Pradesh
By, THE HONOURABLE MR. JUSTICE G. SHYAM PRASAD
For the Petitioner: K. Srinivas, Advocate. For the Respondents: G.P. for Panchayat Raj & Rural Development.
1. Learned Government Pleader for Panchayat Raj and Rural Development takes notice on behalf of Respondent Nos.1, 3 and 4. Learned Standing Counsel for Gram Panchayat takes notices on behalf of Respondent No.6.2. Heard the arguments of learned counsel for petitioner, learned Standing Counsel for Panchayat Raj and learned Assistant Government Pleader for Panchayat Raj and Rural Development.3. The Writ Petitioner claims that he is the absolute owner and possessor of the land admeasuring Ac.0.50 cents in Sy.No.433 of LIC Colony, Opposite to JNTU College of Engineering, Ananthapuramu Rural Mandal, Ananthapuramu District. He entered into a Development Agreement dated 18.10.2011 with M/s. Juturu Builders & Developers, represented by its Managing Director, Mr. Juturu Sudhakar Reddy, for developing the land into a residential complex in an extent of 674.9 Sq. yards in Sy.No.433 of LIC Colony, Opposite to JNTU College of Engineering, Ananthapuramu Rural Mandal, Ananthapuramu District. In pursuance of the said agreement the builder has constructed a residential complex in the land, and sold some of the flats in the residential complex.4. It is the case of petitioner that at the instance of the local political leaders, the 6th respondent issued notice dated 17.06.2020 directing the petitioner to demolish the structures in the residential complex, within a week as they have constructed the flats without obtaining permission. The petitioner has submitted his explanation on 19.06.2020, but the same was not considered by the 6threspondent.5. The petitioner is the owner of site admeasuring Ac 0.50 cents. She entered into a Development Agreement dated 18.10.2011 with M/s. Juturu Builders & Developers for construction of flats, in the ratio of 40% to the petitioner, and 60% to the Builder in the constructed area. The builder accordingly constructed residential housing complex with stilt, ground and four upper floors, having duly obtained construction permission from the Ananthapuram Rural Gram Panchayat. The 6th respondent-The Panchayat Secretary of Gram Panchayat has issued notice dated 17.06.2020 stating that the petitioner has constructed three pent houses on the 5th floor and further constructed four feet wall and erected gates in the stilt floor in violation of sanctioned plan dated 12.12.2018 and 11.02.2019. The petitioner was issued notice calling upon him to remove the excess constructions immediately.6. The petitioner has submitted a representation to the 6threspondent giving reasons and requested to drop further action in the matter. As the 6th respondent has issued notice dated 17.6.2020 the petitioner had filed a W.P.No.11548 of 2020 on the file of this Court questioning the notices dated 17.06.2020 and 08.07.2020 issued by the 6th respondent. While disposing of the said Writ petition, this Court vide order dated 15.07.2020 directed the respondents not to demolish the structures in the complex without passing any order on the explanation dated 19.06.2020 offered by the petitioner to the 6threspondent. After disposal of the said writ petition, the 6th respondent in this writ petition has issued final orders through notice in Rc.No.10/2020 dated 28.07.2020 directing the petitioner to remove the alleged unauthorised constructions in the complex. The petitioner has challenged the final orders passed by the 6th respondent vide Rc.No.10/2020 dated 28.07.2020 in this writ petition.7. Para-5 of the affidavit of the petitioner reveals that the respondents have never inspecting the residential complex. It was an afterthought due to the political vendetta. The notices have been issued by the 6th respondent, without considering the explanation of the petitioner dated 19.06.2020. This Court gave a direction to consider the representation of the petitioner.8. Learned counsel for the petitioner submits that the explanation dated 19.06.2020 has not been considered by the 6th respondent properly and final orders have been passed which are liable to be set aside.9. At this juncture, learned Government Pleader for Gram Panchayat made a suggestion that the 6th respondent may be given liberty to issue fresh notice in this matter in accordance with law giving opportunity to the petitioner.10. In the light of the suggestion made by learned Government Pleader for Gram Panchyat, and as there are some disputed questions of facts with regard to the inspection conducted by the Gram Panchayat officials in the schedule premises, and noting down the violations, the 6th respondent shall issue a fresh n
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otice in accordance with law by giving reasonable opportunity to the petitioner to bring all the necessary facts with a detailed explanation and on such submission of the explanation and the relevant material, the respondent shall pass appropriate orders in accordance with law within eight (08) weeks from the date of receipt of this order.11. With these observations, this Writ Petition is disposed of accordingly. No costs.As a sequel thereto, miscellaneous petitions pending if any, shall stand closed.