GORLE ATCHUM NAIDU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner claims ownership over Ac.242 square meters of land in Sy.No.326/1 of Sabbavaram Village and Mandal, Visakhapatnam District. The petitioner has also filed a suit for permanent injunction in O.S.No.34 of 2016 on the file of Principal Junior Civil Judge, Anakapalli against third parties to injunct them from interfering with his possession over the said land. The said suit is pending. Subsequently, the petitioner again moved to Civil Court, by way of O.S.No.192 of 2021, on the file of II Additional Junior Civil Judge, Visakhapatnam, for setting aside the deed of sale dtd. 21/5/2021, under which one Sri Gorle Naidu Babu is said to have executed a sale deed, in favour of the 5th respondent, and for a consequential direction for delivery of possession of the property.

(2.) The 5th respondent had applied for building permission for construction of a house in this property and the same was granted by the 2nd respondent-Gram Panchayat, by way of its resolution dtd. 25/10/2021. Aggrieved by the said resolution, the petitioner has approached this Court.

(3.) It is the case of the petitioner that the land in question belongs to him and a part of the land is Government property. The petitioner further contends that these facts were placed before the Gram Panchayat and the petitioner had opposed the grant of building permission to the 5th respondent on these grounds and also on the ground that civil suits are already pending between the petitioner and the 5th respondent.