APHC010568532024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 29703/2024 Between: 1. SYED JAFFAR, S/O. LATE SYED PEER SAHEB, AGED 60 YEARS, OCC CULTIVATION, R/O. PEDAPAVANI VILLAGE, LINGASAMUDRAM MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PANCHAYAT WING, SPSR NELLORE DISTRICT AT NELLORE. 3. THE DISTRICT PANCHAYAT OFFICER, SPSR NELLORE DISTRICT AT NELLORE. 4. THE TAHSILDAR, LINGASAMUDRAM MANDAL SPSR NELLORE DISTRICT. 5. MUTYALAPADU GRAM PANCHAYAT, REP.BY ITS EXECUTIVE AUTHORITY- CUM- PANCHAYAT SECRETARY, MUTAYALAPADU VILLAGE, LINGASAMUDRAM MANDAL, SPSR NELLORE 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 action of respondents, particularly respondents 1 to 5 in not initiating any steps on petitioners representation dated 23.11.2024 submitted to stop unauthorised construction of bus shelter in S.No.837/3 situated in Mutyalapadu Revenue Village of Lingasamudram Mandal in SPSR Nellore District, without obtaining any construction permission, thereby blocking his right of passage as illegal, irregular, irrational and amounts to non discharge of legal obligation conferred on them under Sec. 53 of The Andhra Pradesh Panchayat Raj Act, 1994 offends Articles 14, 19 and 21 of Constitution of India and consequently direct the respondents particularly the 5th respondent not to allow construction of any structure on said road margin and to pass such 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 5 to consider and initiate necessary action on petitioners representation dated 23.11.2024 submitted to stop unauthorised construction of bus shelter in S.No.837/3 situated in Mutyalapadu Revenue Village of Lingasamudram Mandal in SPSR Nellore District, nor allow anybody to construct bus shelter on the said road margin site, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: ::ORDER:: Heard T. Surya Chaitanya, learned counsel representing Smt. Nimmagadda Revathi, learned counsel for the petitioner; Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development, for respondents 1 and 3, and Ms. P. Usha, learned Assistant Government Pleader for Revenue, for respondents 2 and 4 and Ms. Kavitha, learned counsel representing Sri M. Sudhir, learned standing counsel for respondent No.5. 2. The grievance of the petitioner is that respondents 1 to 5 are not considering the representation dated 23.11.2024 made by the petitioner, complaining about the unauthorised construction of a bus shelter in survey No.837/3, Mutyalapadu Revenue Village of Lingasamudram Mandal, SPSR Nellore District, without obtaining permission. 3. Learned counsel for the petitioner would submit that the petitioner is the absolute owner and possessor of land admeasuring Ac.2-08 cents in the aforementioned survey number, having purchased the same under a registered sale deed bearing No.551/2000, dated 05.05.2000. While so, the Panchayat authorities intended to construct a bus shelter on the road margin on the Northern side of the petitioner’s land. The petitioner submitted a representation dated 23.11.2024 requesting to stop the construction. Since the same is not considered, the petitioner filed the above writ petition. 4. Ms. Kavitha, learned counsel for respondent No.5 submitted the written instructions of the Panchayat Secretary of respondent No.5. The relevant part is extracted hereunder: “It is submitted that this Gram Panchayat not passed any resolution for construction of bus shelter in S.No.837/3 situated in Mutyalapadu Revenue Village of Lingasamudram Mandal in SPSR Nellore District. It is also submitted that this Gram Panchayat not granted any permission for the construction of bus shelter in S.No.837/3. It is further humbly submitted that, as of now, there is no construction of bus shelter as alleged by the petitioner.” 5. Thus, as seen from the instructions supra, the Panchayat authorities are not intending to construct a bus shelter as apprehended by the petitioner. The instructions of the Panchayat Secretary are made part of the record. 6. Given the above facts and circumstances of the case, this writ petition is disposed of at the admission stage with the consent of learned counsel on either side, directing respondent No.5 not to construct any structure in survey No.837/3, Mutyalapadu Revenue Village of Lingasamudram Mandal, SPSR Nellore District, without following due procedure. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 07.05.2026 IKN THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI W.P.No.29703 of 2024 Date: 07.05.2026 IKN