1 APHC010193682020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12509/2020 Between: 1. ABBADASARI NAGESWARA RAO, S/O. BALASWAMI AGE 39 YEARS, R/O. INDIRA COLONY FATHIMAPURAM, H/O. PRAGADAVARAM GRAM PANCHAYAT CHINTALAPUDI MANDAL, WEST GODAVARI DISTRICT 2. SANDIPAM NAGESU,, S/O. LAKSHMUNUDU AGE 38 YEARS, R/O. INDIRA COLONY FATHIMAPURAM, H/O. PRAGADAVARAM GRAM PANCHAYAT CHINTALAPUDI MANDAL, WEST GODAVARI DISTRICT 3. TAANAKI ESUPADAM,, S/O. NAGAYYA AGE 50 YEARS, R/ O. INDIRA COLONY FATHIMAPURAM, H/O. PRAGADAVARAM GRAM PANCHAYAT CHINTALAPUDI MANDAL, WEST GODAVARI DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI 2 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, ELURU 3. THE JOINT COLLECTOR, WEST GODAVARI DISTRICT, ELURU 4. THE REVENUE DIVISIONAL OFFICER ELURU, WEST GODAVARI DISTRICT 5. THE DISTRICT PANCHAYAT OFFICER, WEST GODAVARI DISTRICT 6. THE TAHSILDAR, CHINTALAPUDI MANDAL CHINTALAPUDI, WEST GODAVARI DISTRICT 7. THE MANDAL PARISHAD DEVELOPMENT OFFICER CUM SPECIAL OFFICER, PRAGADAVARAM GRAM PANCHAYAT CHINTALAPUDI MANDAL, CHINTALAPUDI WEST GODAVARI DISTRICT 8. PRAGADAVARAM GRAM PANCHAYAT PRAGADAVARAM, CHINTALAPUDI MANDAL WEST GODAVARI DISTRICT, REP BY ITS SECRETARY ...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 an appropriate order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of the respondents in resorting to construct Village Secretariat, Rytu Bharosa and YSR Clinic buildings in the Premises of R.C.M. School situated in R.S. Nos. 1002, Indira Colony, Fathimapuram, H/o. Pragadavaram Gram Panchayat, Chintalapudi Mandal, West Godavari District as illegal, arbitrary, against to the principles of natural justice apart from being violative of Article 21-A of the Constitution of India and consequentially direct the respondents not make any constructions in said school premises in the interest of justice and pass 3 Counsel for the Petitioner(S): 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 4 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.12509 of 2020 This Court made the following ORDER: Heard leraned counsel for the petitioners, learned Standing Counsel for Respondent – Gram Panchayat, learned Government Pleader for Revenue and perused the material placed on record. 2. The case of the petitioners herein is that the Respondents are trying to construct Rythu Bharosa Kendram, Village Secretariat and YSR Clinic buildings in the premises of R.C.M. School situated in R.S.No.1002, Indira Colony, Fathimapuram, H/0 Pragadavaram Gram Panchayat, Chintalapudi Mandal, West Godavari District on the guise of the said School is not function in view of withdrawing of Grand-In-Aid in respect of the subject School. 3. After considering, at the admission stage, this Hon’ble Court was pleased to grant interim direction dated 15.10.2020 directing the respondents not to make any construction in the premises of the said R.C.M. School situated in R.S.No.1002, Indira Colony, Fathimapuram, H/o Pragadavaram Gram Panchayat, Chintalapudi Mandal, West Godavari District. 5 Learned counsel for the petitioners submits that pursuant to the interim directions of this Court, no construction can be carried out on the subject place. He further submits that once the subject land was classified for the purpose of School, the same cannot be converted for any other purpose without changing the nature of the land by the competent authority. Moreover the construction of Village Secretariat and Rythu Bharosa Kendram cannot be allowed. 4. On the other hand, learned Standing Counsel for Gram Panchayat filed counter-affidavit, wherein it is stated as under: “4. In reply to para 5 of the affidavit filed in support of the writ petition it is submitted that the allegations and the contentions made in this para are all not correct and true. It is pertinent to mention here that we proposed to construct the Village secretariat – II in the subject site. One of the villagers came forward and donate the site for construction of the proposed buildings. But the eight villagers which are within the jurisdiction of this Village Secretariat – II raised a serious objection that the site is inconvenient to all the villagers and requeted to construct in the present proposed site. On the request of all the villagers this Gram Panchayat took a decision to construct the proposed three buildings vide resolution dated 21.07.2020. There is sufficient play ground to the children who are studying in the school. 5. It is submitted that the school itself was constructed by encroaching the Government site. At any rate this Gram Panchayat is not disturbing the school. Only we are proposed to construct the buildings in the vacant Government site in an extnt of Ac.0.25 cents only. The petitioners with a malafied intention and on political reasons approached this Hon’ble Court by filing the present writ petition with a false and baseless allegations. Moreover this writ petition is not the public interest litigation. Hence the writ petition is liable to be dismissed. Due to grant of the interim order by this Hon’ble 6 Court we are unable to proceed with the construction of the buildings in the subject site.” 5. Learned Standing Counsel further submits that pending writ petition, the Village Secretariat as well as Rythu Bharosa Kendram have already been constructed in another place in compliance of the orders of this Court. Accordingly, orders of this Court complied with. 6. Considering the submissions made by learned counsel for the petitioners, learned Standing Counsel for Gram Panchayat and learned counsel or unofficial respondents, in view of the construction of the Village Secretariat as well as Rythu Bharosa Kendram had already been completed in another place which was donated by the villagers. As such, no orders are required to be passed in this Writ Petition for further adjudication. 7. Observing the above, the Writ Petition is closed. No costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 17.09.2025 krk 7 8 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.12509 of 2020 17.09.2025 krk 82