APHC010095842024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5236/2024 Between: 1. NAKKA MADHAVA RAO, S/O TATE CHINNA KONDAIAH, AGED 50 YEARS, OCC CULTIVATION, R/O D.NO. 2-74/1, AMARAVATI ROAD, MULAGUNTAPADU VILLAGE, SINGARAYAKONDA MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. DISTRICT COLLECTOR, PANCHAYAT WING, PRAKASAM DISTRICT AT ONGOLE. 3. REVENUE DIVISIONAL OFFICER, ONGOLE REVENUE DIVISION, ONGOLE, PRAKASAM DISTRICT. 4. TAHSILDAR, SINGARAYAKONDA MANDAL, SINGARAYAKONDA, PRAKASAM DISTRICT. 5. MULAGUNTAPADU GRAMA PANCHAYAT, REP. BY ITS EXECUTIVE AUTHORITY-CUM-PANCHAYAT SECRETARY, MULAGUNTAPADU VILLAGE, SINGARAYAKONDA MANDAL, PRAKASAM DISTRICT. 6. THE DIRECTOR, DIRECTORATE OF TOWN AND COUNTRY PLANNING, GOVERNMENT OF ANDHRA PRADESH, MGM CAPITAL, D.NO.241, NH-16, NEAR NRI FLYOVER, BESIDE TITTLE VILLAGE RESTAURANT, CHINNAKAKANI, MANGALAGIRI, GUNTUR DISTRICT - 522 503. 7. THE DEPUTY DIRECTOR, DIRECTORATE OF TOWN AND COUNTRY PLANNING, GOVERNMENT OF ANDHRA PRADESH, MGM CAPITAL, D.NO. 241, NH -16, NEAR NRI FLYOVER, BESIDE TITTLE VILLAGE RESTAURANT, CHINNAKAKANI, MANGALAGIRI, GUNTUR DISTRICT - 522 503. 8. THE DISTRICT REGISTRAR, PRAKASAM DISTRICT AT ONGOLE 9. THE SUBREGSITRAR, SINGARAYAKONDA, PRAKASAM DISTRICT. 10. THE CHAIRPERSON, ONGOLE URBAN DEVELOPMENT AUTHORITY, ONGOLE, PRAKASAM DISTRICT. 11. NARALA SUDHAKAR RAO, S/O NAGAIAH AGED ABOUT 35 YEARS, PRIVATE EMPLOYEE, R/O D.NO 1-192/8, THIRUPATHAMMA TEMPLE BACK, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 12. NAKKA MADHU BABU, S/O BRAHMAIAH AGED ABOUT 38 YEARS, AGRICULTURE, R/O D.NO 2-78/1, AMARAVATHI ROAD, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 13. JAMMU RATTHAIAH, S/O KONDAIAH AGED ABOUT 65 YEARS, BUSINESS, R/O. OPP. VEERASWAMY SHOP, BATTHALA VARI STREET BESIDE RAMALAYAM, KOPPOLU POST, ONGOLE, MANDAL, PRAKASAM DISTRICT. 14. NAKKA MURALI, S/O LATE MALAKONDAIAH AGED ABOUT 35 YEARS, AGRICULTURE, R/O D.NO1-200, THIRUPATHAMMA TEMPLE ROAD, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 15. SANNEBOINA SRINIVASULU, (ADVOCATE), S/O LATE NAIDU AGED ABOUT 55 YEARS, ADVOCATE, R/O D.NO 2-243/1, NETAJI ROAD, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 16. SANNEBOINA VENKATESWARLU, S/O LATE NAIDU AGED ABOUT 60 YEARS, OCC AGRICULTURE, R/O D.NO 2-65/1, AMARAVATHI ROAD, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT 17. SANNEBOINA VENKATESWARLU, , S/O LATE PEDAKOTAIAH, AGED ABOUT 60 YEARS, OCC. AGRICULTURE, R/O D.NO. 1-279, G.P. OPPOSITE, SRIKRISHNA MAIN ROAD, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL, PRAKASAM DISTRICT. 18. NAKKA PEDAKONDAIAH MUSALAIAH, S/O LATE CHANDRAIAH, AGED ABOUT 65 YEARS, AGRICULTURE, R/O D.NO. 2-2/1, G.P. OPPOSITE, SRIKRSIHNA MAIN ROAD, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL, PRAKASAM DISTRICT. 19. NAKKA GOVINDU, S/O LATE PEDALINGAIAH, AGED ABOUT 55 YEARS, AGRICULTURE, R/O D.NO. 2-78/2, AMARAVATHI ROAD, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL, PRAKASAM DISTRICT. 20. NAKKA BRAHMAIAH, S/O LATE PEDALINGAIAH, AGED ABOUT 60 YEARS, AGRICULTURE, R/O D.NO. 2-78/1, AMARAVATHI ROAD, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 21. SANNEBOINA SUBBARAYUDU SUBBAIAH, S/O LATE KOTAIAH, AGED ABOUT 65 YEARS, AGRICULTURE, R/O D.NO. 2-72, AMARAVATHI ROAD, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL, PRAKASAM DISTRICT. 22. SANNEBOINA KOTESWARA RAO, S/O VENKATASWAMY, AGED ABOUT 52 YEARS, AGRICULTURE, R/O D.NO. 2-67/2, AMARAVATHI ROAD, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL, PRAKASAM DISTRICT. 23. SANNEBOINA SRINIVASULU, S/O LATE VENKATASUBBAIAH, AGED ABOUT 64 YEARS, AGRICULTURE, R/O D.NO. 1-233, SRIKRISHNA ROAD, 2ND LINE, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL, PRAKASAM DISTRICT. 24. SANNEBOINA SRINIVASULU, , S/O LATE VENKATESWARLU, AGED ABOUT 45 YEARS, AGRICULTURE, R/O D.NO. 1-208, SRIKRISHNA ROAD, 2ND LINE, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL, PRAKASAM DISTRICT. 25. AMBATI PRASAD, S/O LATE VENKATESWARLU AGED ABOUT 45 YEARS, AGRICULTURE, R/O D.NO. 1-229, SRIKRSIHNA ROAD, 2ND LINE, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 26. AMBATI SRINIVASA RAO, , S/O KOTAIAH, AGED ABOUT 45 YEARS, AGRICULTURE, R/O D.NO. 2-51, GANDHI ROAD, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL, PRAKASAM DISTRICT. 27. AMBATI BRAHMAIAH, , S/O KOTAIAH AGED ABOUT 48 YEARS, TEACHER, R/O C/O D.NO 2-51, GANDHI ROAD, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 28. AMABATI PRASAD, S/O PULLAIAH AGED ABOUT 45 YEARS, TEACHER, R/O D.NO.1-254/3, SRIKRISHNA MAIN ROAD, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 29. MOTUPALLI KISHORE, S/O CHINA BRAMHAIAH AGED ABOUT 42 YEARS, AGRICULTURE, R/O D.NO 1-264, G.P. OPPOSITE, SRIKRISHNA ROAD MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 30. SANNEBOINA VENKATARAO, S/O LATE YANADI AGED ABOUT 45 YEARS, AGRICULTURE, R/O D.NO 1-238/A, SRIKRISHNA ROAD, 2ND LINE MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 31. SANNEBOINA RAMU, S/O LATE CHENCHUKRISHNA AGED ABOUT 38 YEARS, AGRICULTURE, R/O D.NO 1-205/1, SRIKRISHNA ROAD, 2ND LINE MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 32. SANNEBOINA SUBBARAO, , S/O LATE VENKATASUBBAIAH AGED ABOUT 42 YEARS, AGRICULTURE, R/O D.NO 1-205/3, SRIKRISHNA ROAD, 2ND LINE MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 33. AVULA YANADI, S/O LATE CHENCHURAMAIAH AGED ABOUT 39 YEARS, AGRICULTURE, R/O D.NO 1-198, THIRUPATHAMMA TEMPLE ROAD, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 34. SANNEBOINA VENKAIAH, S/O LATE CHENCHAIAH AGED ABOUT 65 YEARS, AGRICULTURE, R/O. D.NO 1-207, SRIKRISHNA ROAD, 2ND LINE MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 35. SANNEBOINA VENKATESWARLU, S/O LATE CHENCHAIAH AGED ABOUT 68 YEARS, AGRICULTURE, R/O D.NO 1-206, SRIKRISHNA ROAD, 2ND LINE MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 36. SANNEBOINA MALLIKARJUNA, S/O ADHISESHAIAH AGED ABOUT 45 YEARS, AGRICULTURE, R/O D.NO 1-183, SRIKRISHNA ROAD, 2ND LINE, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 37. SANNEBOINA PRABHAKARA RAO, S/O ADHISESHAIAHU AGED ABOUT 48 YEARS, AGRICULTURE, R/O D.NO., ROAD, 1-232/2, SRIKRISHNA ROAD, 2ND LINE MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 38. SANNEBOINA KOTESWARA RAO, S/O ADHISESHAIAH AGED ABOUT 55 YEARS, AGRICULTURE, R/O.D.NO 2-232/1, SRIKRISHNA ROAD, 2ND LINE MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 39. NAKKA SUDHA, S/O LATE VENKATASUBBAIAH AGED ABOUT 45 YEARS, AGRICULTURE, R/O. D.NO 1-186, SRIKRISHNA ROAD, 2ND LINE, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 40. NAKKA KOTAIAH, S/O LATE MALAKONDAIAH AGED ABOUT 58 YEARS, AGRICULTURE, R/O D.NO 1-259/1, G.P. OPPOSITE, SRIKRISHNA ROAD, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT 41. AMBATI SRIHARI, S/O LATE VENKATESWARLU AGED ABOUT 45 YEARS, AGRICULTURE, R/O.D.NO.1-217, SRIKRISHNA ROAD, 2ND LINE, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 42. AMBATI SUDHAKAR, S/O LATE SUBBULU (SUBBAIAH) AGED ABOUT 45 YEARS, AGRICULTURE, R/O D.NO. 1-254, SRIKRISHNA MAIN ROAD, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 43. NAKKA MALYADRI, S/O LATE SUBBAIAH AGED ABOUT 45 YEARS, AGRICULTURE, R/O D.NO. 1-173/1, SRIKRISHNA ROAD, 2ND LINE MULAGUNTAPADUPOST, SINGARAYAKONDAMANDAL PRAKASAM DISTRICT. 44. NAKKA PEDAMALAKONDAIAH, S/O LATE CHINAKOTAIAH AGED ABOUT 53 YEARS, AGRICULTURE, R/O D.NO.1-249, SRIKRSIHNA MAIN ROAD, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 45. NAKKA PRASAD, S/O BASAVAIAH, AGED ABOUT 45 YEARS, AGRICULTURE, R/O D.NO. 1-245, SRIKRISHNA ROAD, 2ND LINE MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 46. SANNEBOINA PERAIAH, S/O LATE PILLAKOTAIAH AGED ABOUT 65 YEARS, AGRICULTURE, R/O D.NO 2-235, SRIKRISHNA ROAD, 2ND LINE MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 47. MIRIYAM VENKATESWARLU, S/O LATE RAMANAIAH AGED ABOUT 56 YEARS, AGRICULTURE, R/O D.NO. 1-193/1, THIRUPATHAMMA TEMPLE BACK, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL, PRAKASAM DISTRICT. 48. AMBATI VENU, S/O SUBBARAO, AGED ABOUT 42 YEARS, AGRICULTURE, R/O D.NO. 1-214, SRIKRISHNA ROAD, 2ND LINE, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT 49. SANNEBOINA SESHA RAO, S/O LATE VENKAIAH AGED ABOUT 42 YEARS, GOVERNMENT EMPLOYEE, R/O D.NO- 2-71, AMARAVATHI ROAD, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 50. CHIMAKURTHI KRISHNA CHAITANYA, S/O LATE VENKATESWARLU AGED ABOUT 43 YEARS, AGRICULTURE, R/O D.NO- 2-67/5, AMARAVATHI ROAD, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL, PRAKASAM DISTRICT. 51. NAKKA MURALI, S/O BRAHMAIAH, AGED ABOUT 36 YEARS, AGRICULTURE, R/O D.NO- 2-78/1, AMARAVATHI ROAD, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 52. NAKKA VENKATASUBBAIAH SUBBARAO, S/O LATE MALAKONDAIAH AGED ABOUT 68 YEARS, AGRICULTURE, R/O D.NO- 1-258, G.P. OPPOSITE, SRIKRISHNA ROAD, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL, PRAKASAM DISTRICT 53. SANNEBOINA NAGAIAH, S/O LATE KOTILINGAM AGED ABOUT 67 YEARS, AGRICULTURE, R/O D.NO- 1-231/2, SRIKRISHNA ROAD, 2ND LINE, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 54. NARALA VENKAIAH, , S/O LATE MUSALAIAH AGED ABOUT 68 YEARS, AGRICULTURE, R/O D.NO- 1-198/2, THIRUPATHAMMA TEMPLE ROAD, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 55. MOTUPALLI SIDDAIAH, , S/O LATE PEDAANKULU AGED ABOUT 45 YEARS, AGRICULTURE, R/O D.NO- 1-265, G.P. OPPOSITE, SRIKRISHNA ROAD, MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. 56. SANNEBOINA VENKATESH, . S/O OBULU AGED ABOUT 42 YEARS, AGRICULTURE, R/O D.NO- 1-237/1, SRIKRISHNA ROAD, 2ND LINE MULAGUNTAPADU POST, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. ...RESPONDENT(S): 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 WRIT OF MANDAMUS declaring the inaction on the part of respondents on the petitioners representation dt. 10.01.2024, submitted for prevention of illegal layout being formed by respondents 11 to 56 in the landed property covered by S.No. 108/1 and 108/3 of Mulaguntapadu Revenue Village of Singarayakonda Mandal in Prakasam District, without obtaining any permissions from the respondent authorities, as illegal, irregular, irrational and amounts to non-discharge of legal obligation conferred on respondents 1 to 10 under the provisions of Andhra Pradesh Grama Panchayat Land Development Layout and Building Rules, 2002 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 1 to 10 to prevent the said illegal layout being formed by the respondents 11 to 56 in the above mentioned landed property and pass IA NO: 1 OF 2024 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 direct the respondents 1 to 10 to consider and initiate necessary action on the petitioner’s representation dt. 10.01.2024, submitted for prevention of illegal layout being formed by respondents 11 to 56 in the landed property covered by S.No. 108/1 and 108/3 of Mulaguntapadu Revenue Village of Singarayakonda Mandal in Prakasam District, in violation of Andhra Pradesh Gram Panchayat Land Development Layout and Building Rules, 2002 obtaining any permissions from the competent authorities, pending disposal of the main Writ Petition and pass IA NO: 2 OF 2024 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 to receive the documents such as Copy of Letter in Roc.No. 43/ONUDA/2024 dated 19.02.2024 and Copy of Letter in Roc.No. 43/ONUDA/2024 dated 19.02.2024 and Copy of Letter in Roc. No. 07/2024 dated 27.02.2024 and Copy of Letter in Roc.No. 08/2024 dated 04.03.2024 and Copy of Paper articles and Copy of Photographs, being filed herewith in WP No. 5236 of 2024 in the interests of justice and to pass IA NO: 3 OF 2024 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 relax the condition of providing bank guarantee for release of the rice bags imposed in the order Dt.06.06.2024, and order to release the vehicle Nos (1) AP27 Y 146, (2) API6 TY8328, and (3) API6 TT 1527, and 2576 bags of rice and to unseal Sri Venkateswara Rice Mills situated at 17-1- 32,Gundlapalli,APIIC,Prakasam pending disposal of the writ petition and pass Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR REVENUE 3. B.APPA RAO SC For NLR,OGL,BPT,PALNADU UDA 4. GP FOR REGISTRATION AND STAMPS (AP) 5. GP FOR PANCHAYAT RAJ RURAL DEV (AP) 6. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following order : Heard Sri Pala Karthi Kiran, learned counsel representing Smt. Nimmagadda Revathi, learned counsel for the petitioner; Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj, for respondents 1 and 2; Ms. Kavitha, learned counsel representing Sri M. Sudhir, learned standing counsel for respondents 3, 4, 8 and 9, and Sri ASKS Bhargav, learned counsel for respondents 11 to 56. 2. The above writ petition was filed to declare the inaction of the official respondents in considering the representation dated 10.01.2024 made by the petitioner seeking the prevention of illegal layout, being formed by respondents 11 to 56 in Survey Nos. 108/1 and 108/3 of Mulaguntapadu Revenue Village of Singarayakonda Mandal, Prakasam District, without obtaining permission from the competent authority, is illegal and arbitrary. 3. Learned counsel for the petitioner would submit that the Government has assigned the land admeasuring Ac.294-00 cents in Survey No.108, Mulaguntapadu Village of Singarayakonda Mandal, Prakasam District, in favour of 34 beneficiaries, out of which, an extent of Ac.10-11 cents in survey No.108/2 was acquired for the formation of NH5. Survey number 108 was subdivided into 108/1, an extent of Ac.40-50 cts, and 108/3 an extent of Ac.214-19 cents. 4. Learned counsel for the petitioner would further submit that the petitioner possesses an extent of Ac.1-87 cents of land out of which Ac.0-30 cents is covered in survey No.108/1 and the remaining extent of Ac.1-57 cents is covered in survey No.108/3. While so, respondents 11 to 56 are attempting to form an unauthorised layout, without obtaining permission from the competent authority. Therefore, the petitioner made a representation dated 10.01.2024 (Ex.P1) to the officials. However, the representation has not evoked any response. 5. Per contra, Sri Bhargav, learned counsel for respondents 11 to 56, would contend that none of the unofficial respondents attempted to form an unauthorised layout and the subject lands remain as agricultural lands. If the unofficial respondents intend to form a layout, they will obtain permission from the competent authority. 6. Thus, given the submissions of Sri Bhargav, learned counsel for the unofficial respondents, the apprehension of the petitioner that the unofficial respondents are forming a layout in the aforementioned land without getting permission is misconceived. 7. Given the facts and circumstances of the case, this petition is disposed of at the admission stage with the consent of learned counsel on either side, directing respondents 11 to 56 not to form layout without getting permission from the competent authority in accordance with the law. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 28.04.2026 IKN