1 APHC010179752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY ,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 9198/2025 Between: 1. MOPADA SESHU, S/O SIVA KRISHNA KOTESWARA RAO, AGED 48 YEARS, OCC BUSINESS, R/O H. NO.15-243, MUNISIFF STREET, SRUNGAVARAPUKOTA VILLAGE, SRUNGAVARAPU KOTA MANDAL, VIZIANAGARAM DISTRICT. 2. JERRIPOTHULA UMA MAHESWARA RAO,, S/O LATE RANGA RAO, AGED 48 YEARS, OCC BUSINESS, R/O MIG-2-181, 19-46/2, LAST BUS STOP, POTHINAMALLAYYA PALEM, VISAKHAPATNAM. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND DIRECTOR, PANCHAYATH RAJ DEPARTMENT, GOVT, OF ANDHRA PRADESH, NEAR RELIANCE DIGITALS, TADEPALLE, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, (PANCHAYATH RAJ WING), VIZIANAGARAM DISTRICT, VIZIANAGARAM. 4. THE DISTRICT PANCHAYATH OFFICER, VIZIANAGARAM DISTRICT, VIZIANAGARAM. 5. THE TAHSILDAR, SRUNGAVARAPU KOTA MANDAL, VIZIANAGARAM DISTRICT. 6. THE SRUNGAVARAPU KOTA GRAM PANCHAYATH, REP. BY ITS PANCHAYATH SECRETARY, SRUNGAVARAPU KOTA VILLAGE, 2 SRUNGAVARAPU KOTA MANDAL, VIZIANAGARAM DISTRICT. 7. SHAIK ABDUL KHADAR, S/O LATE BASHA, AGED 50 YEAR, OCC BUSINESS PROPRIETOR OF HOTEL MUNTHAJ, SRUNGAVARAPU VILLAGE AND POST, SRUNGAVARAPU KOTA MANDAL, VIZIANAGARAM DISTRICT. 8. P RAJKUMAR, S/O LATE LAKSHMANA RAO, AGED 52 YEARS, OCC EMPLOYEE, SRUNGAVARAPU VILLAGE AND POST, SRUNGAVARAPU KOTA MANDAL, VIZIANAGARAM DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. BONU RAMA SHANKAR RAO Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ORAL ORDER: Heard Sri Dasari S.V.V.S.V.Prasad, learned Counsel appearing on behalf of Sri B.Rama Shankara Rao, learned Counsel for the Writ Petitioners, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development and Sri V.Sai Kiran, learned Counsel appearing on behalf of Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat. 2. The present Writ Petition is filed challenging the notice issued by the Panchayat Secretary of Srungavarapu Kota Gram Panchayat (Respondent No.6) dated 04.04.2025 (Ex.P1). 3. It is the submission of the learned Counsel for the Writ Petitioners that there are about three suits pending between the parties namely between the Writ Petitioners and the unofficial Respondent Nos.7 and 8 (bearing O.S.No.61 of 2021, O.S.No.14 of 2023 andO.S.No.76 of 2022 on the file of the Civil Judge (Junior Division), Srungavarapu Kota Village, Vizianagaram District). Learned Counsel for the Writ Petitioners would also submit that the 3 Panchayat Secretary did not entertain the application made by the Writ Petitioners on 03.05.2023. In response to the said application, seeking approval of the plan for construction of a building, the Panchayat Secretary had initially granted permission, but, later has kept such permission in abeyance on the ground of pendency of the civil suits. 4. Having considered the above facts, prima facie, this Court is of the opinion that the Writ Petitioners ought to have approached the Civil Court for seeking any direction. The Writ Petitioners could have impleaded the Panchayat Secretary and the other Official Respondents and could have moved an interlocutory application. In the opinion of the Court, in view of the pendency of the three suits, the Civil Court is the appropriate forum to decide on any interlocutory applications by appreciating the facts before it. 5. At this stage, learned counsel for the Writ Petitioners had requested the Court to dispose of this Writ Petition with a suitable direction to the learned Civil Judge (Junior Division), Srungavarapu Kota Village, for expeditious consideration of the application as and when it is filed and disposal of the same. 6. Having regard to the above contentions, this Court deems it appropriate to dispose of this Writ Petition at the admission stage, without going into the merits with the following directions:- I. The Writ Petitioner is directed to approach the Civil Court by making appropriate application in the related suits within a period of two (02) weeks from today. Needless to say, that the Writ Petitioners are at liberty to implead the Official Respondents as necessary parties in such an application. II. Upon receipt of such application by the learned Civil Judge (Junior Division), Srungavarapu Kota Village, Vizianagaram District, the learned Civil Judge (Junior Division) is directed to consider the said application on merit and dispose of the same in accordance with law 4 after hearing all the parties, within a period of eight (08) weeks thereafter. III. Till the final orders are passed in the interlocutory application by the learned Civil Judge (Junior Division), the Official Respondent No.6 namely the Panchayat Secretary is directed to keep the application submitted by the Respondent Nos.7 and 8 in abeyance. 7. It is clarified that this Court has not expressed any opinion on merits. The learned Civil Judge (Junior Division), Srungavarapu Kota Village, shall not be influence by any observations made by this Court and shall dispose of the interlocutory application on its own merit. 8. With these observations and directions, the Writ Petition stands disposed of. No order as to costs. 9. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 08.04.2025 JLV