PULLAGURA RAMAKRISHNAYYA v. THE STATE OF ANDHRA PRADESH
WP/10819/2025 · 2025-04-28
Gannamaneni Ramakrishna Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16092 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16092 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 10819 OF 2025 Between: ^/^^ullagura Ramakrishnayya, S/o PuHayya, aged 55 years , R/o Duwuru Panchayathi and Mandal, YSR Kadapa District ...PETITIONER AND 1^ The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Panchayat Raj and Rural Development, Secretariat Building , Amaravathi, Guntur District. '.I The District Panchayathi Officer, YSR Kadapa District. ^ The Mandal Parishad Development Officer, Duwuru Mandal, YSR Kadapa District. Duwuru Gram Panchayat, Rep. by its panchayat Secretary, Naira, YSR Kadapa District. ...RESPONDENTS 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 of mandamus or any other appropriate writ or direction, declaring the action of the respondents Nos.2, 3 and 4 herein in dispossession of petitioner and demolishing RCC house property bearing D. No.6/197, 6/197A to an extent of 191.4 sq. Yds of Duwuru Revenue Village L/ and Gram Panchayat , Duwuru Mandal , YSR Kadapa District is violative of
Article 14,21 and 300A of the Constitution of India and without following the ' due process of law and the procedure laid down under the Andhra Pradesh Panchayat Raj Act 1994 as illegal, arbitrary against the principles of natural justice and consequently direct the respondents 2, 3 and 4 not to lay CC road in dispossessing the petitioner from the possession and enjoyment of RCC house property bearing D.No. 6/197,6/197A to an extent of 191.4 Sq.Yds of Duvvuru Revenue Village and Gram panchayat, Duvvuru Mandal YSR Kadapa District. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court be pleased to direct the Respondents No. 2,3 and 4 not to lay CC without any authority from the peaceful possession and enjoyment of petitioner RCC house property bearing D.No. 6/197,6/197A to an extent of 191.4 Sq.Yds of Duvvuru Revenue Village and Gram Panchayat, Duwuru Mandal , YSR Kadapa District, pending disposal of the above writ petition , in the interest of justice.
may road Counsel for the Petitioner( SRI KRISHNA DARAPU Counsel for the Respondents No.1,2: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondents No.3,4:SRI M SUDHIR (SC FOR GRAM PANCHAYAT) The Court made the following: ORDER
m THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 10819 OF 2025 The Court made the following ORAL ORDER: Heard Sri D. Krishna, Ld. Counsel appearing on behalf of Sri Vaka Rama Krishna, Ld. Counsel for the Writ Petitioner and Sri Panuku Rajesh Kumar, Ld. Asst. Government Pleader for Panchayat Raj & Rural Development and Sri Hruthik, Ld. Counsel appearing on behalf of Sri M. Sudheer, Ld. Standing Counsel for the ZPPs, MPPs and Grama Panchayats. Sri Hruthik, learned Counsel has submitted the Written Instructions dated 27.04.2025 furnished by the Panchayat Secretary, Duvvur Grama Panchayat, YSR District. Copy of it is supplied to the Counsel for the Writ Petitioner and the same is taken on record. 2. 3. Sri Hruthik, Ld. Counsel has drawn the attention of this Court to the contents of the Written Instructions. The relevant portion of the Written Instructions is usefully extracted hereunder;
"It is submitted that this respondent not interfering with the property of petitioner in Sy No.476, Door No.6/197, 6/197-A situated in Duvvuru Revenue Village and Gram Panchat, Duvvuru Mandal, YSR Kadapa District. This respondent did not issues any notice to the petitioner and not taking steps to disposes from the property in question. I am attaching the photo of RCC building for the kind
consideration of this Hon'ble court." The above extract would indicate that the Panchayat Secretary has neither issued any Notice to the Writ Petitioner nor has taken any coercive steps to dispossess the Writ Petitioner from his property.
4. Having regard to the above extract, this Court deems it appropriate to dispose of this Writ Petition at the admission stage, without going into merit by
5.
2 directing the Official Respondents to follow the due process of law if any coercive steps are sought to be taken against the Writ Petitioner in the future.
6. With these observations and directions, the Writ Petition of. No order as to costs. stands disposed
7. Interlocutory Applications, if any, stand closed in terms of this order.
Sd/- A. VIJAYA BABU assistant registrar //TRUE COPY// SECTfON OFFICER To, The Principal Secretary, State of Andhra Pradesh, Panchayat Raj and Rural Development, Secretariat Building , Amaravathi, Guntur District. The District Panchayathi Officer, YSR Kadapa District. The Mandal Parishad Development Officer, Duvvuru Mandal, YSR Kadapa District. The Panchayat Secretary, Duvvuru Gram Panchayat, Naira, YSR Kadapa District..
^5. One CC to SRI. KRISHNA DARAPU Advocate [OPUC] A Two CCS to GP FOR PANCHAYAT RAJ RURAL DEV, High Court of Andhra Pradesh. [OUT]
7. One CC to SRI. M. SUDHIR, Advocate (SC FOR GRAM PANCHAYAT) [OPUC]
8. Three C.D.Copies
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2.
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4. nm
HIGH COURT DATED:29/04/2025
ORDER WP.No.10819of2025 % g 2 9 APR M5 ouiten! Seotior. 0^5* (5 n 'Z^ DISPOSING OF THE WP WITHOUT COSTS