\ APHC010275542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 13788 OF 2025 Between: Kukkala Sivaji, S/o. Subbarao, Aged 64 years, R/o. D No 8-165, Saara Kottu Road, Gollapudi Gram Panchayat, Vijayawada, NTR District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayatraj and Rural Development, Secretariat Buildings, Velagapudi, Amaravati. AP. 2. The Andhra Pradesh Capital Regional Development Authority APCRDA, Rep. by its commissioner, Vijayawada, NTR District. 3. The Executive Officer, Gollapudi Grampanchayat, Gollapudi, NTR District. 4. The Gollapudi Gram Panchayat, Represented by its Panchayat Secretary, Gollapudi, NTR District. 5. Chiguripati Gandhi, S/o Venkateswarao, Aged 76 years, R/o D No 8- 167, Saara kottu Road, Gollapudi, NTR District, Andhra Pradesh- 521225. 6. Paruchuri Prasad, S/o. Not known to Petitioner, Aged unknown, R/o D No 8-167, Saara kottu Road, Gollapudi, NTR District, Andhra Pradesh -521225. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of the respondents in trying to high handedly demolish the petitioners building i may be an extent of 173 Sq. Yards in Gollapudi Village, in R.S No 589-3, bearing Door No 8-165, Sarakottu Road, NTR District, in spite of Sanctioned Plan dated 27.11.2024, as illegal, arbitrary, violative of Articles 14, 21 and 300-A of the Constitution Consequently direct the respondents herein not to demolish of India, the petitioners building in an extent of 173 Sq. Yards in R.S No 589-3, bearing Door No. 8-165, Sarakottu Road, Gollapudi Village, NTR District. \A NO: 1 OF 2025 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 direct the respondents not to demolish the petitioner’s building in an extent of 173 Sq. Yards in R.S No 589-3, bearing Door No 8-165, Gollapudi Village, NTR District, pending disposal of the above writ petition. Counsel for the Petitioner: SRI V. VINOD K REDDY Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ & DEVELOPMENT Counsel for the Respondent No.2:M/s. S. PRANATHI, SC FOR APCRDA Counsel for the Respondent Nos.3 & 4: SRI Y. KOTESWARA RAO Sarakottu Road, RURAL SC FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent Nos.5 & 6: The Court made the following: ORDER 1 APHC010275542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE honourable SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 13788/2025 Between: 1.KUKKALA SIVAJI, S/0. SUBBARAO, AGED 64 YEARS, R/0. D NO 8- 165, SAARA KOTTU ROAD, GOLLAPUDI GRAM PANCHAYAT, VIJAYAWADA, NTR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATRAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS,VELAGAPUDI, AMARAVATI. AP. 2.THE ANDHRA PRADESH CAPITAL REGIONAL DEVELOPMENT AUTHORITY APCRDA, REP. BY ITS COMMISSIONER, VIJAYAWADA, ntr district. 3 the executive OFFICER, GOLLAPUDI GRAM PANCHAYAT, GOLLAPUDI, NTR DISTRICT. 4 the GOLLAPUDI GRAM PANCHAYAT, REPRESENTED BY ITS PANCHAYAT SECRETARY GOLLAPUDI, NTR DISTRICT. 5.CHIGURIPATI GANDHI, S/0 VENKATESWARAO, AGED 76 YEARS, R/0 D NO 8-167, SAARA KOTTU ROAD, GOLLAPUDI, NTR district, ANDHRA PRADESH-521225. 6.PARUCHURI PRASAD, S/0. NOT KNOWN TO PETITIONER, AGED UNKNOWN, RIO D NO 8-167, SAARA KOTTU ROAD, GOLLAPUDI, ntr DISTRICT, ANDHRA PRADESH - 521225. ...RESPONDENT(S): Counsel for the Petitioner: ta— 1.V VINOD K REDDY Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL The Court made the following: ORAL ORDER- DEV Heard Sri D. Harsha Vardhan, learned Counsel Sri V. Vinod K Reddy, learned I Kumar, learned Assistant Government Development and Sri Y Koteswara Gram Panchayat. In compliance with appearing on behalf of Counsel for the Writ Petitioner Sri P- Rajesh Pleader for Panchayat Raj & Rural Rao, learned Standing Counsel for the 2. the Order of this Court Smt. M. Swaroopa Rani, Panchayat Secretary, Rural Mandal, is present before the Court. dated 16.06.2025, ’ Gollapudi Village. Vijayawada The Officer has apologized for She would submit that. issuance of Notice without henceforth, she wili be more careful. verifying the record. 3. The impugned Notice Ord„ is r P''®''i0dS Order, ,s oontrary to the building approval granted (Ex.P.4) matter, this Court is of the opinion that the i therefore, unsustainable in law. ■ In this view of the - impugned Order is defective and Accordingly, the impugned Order dated 14.05.2025 (Ex.P.2) is set-aside. 4._ Needless to state that the initiate fresh Proceedings i verification of the record. With these observations allowed. No order as to costs. The appearance of Smt. Gollapudi Village, Vijayawada Rural Respondent Authorities are at liberty to in accordance with law, if so advised, after proper 5. and directions, this Writ Petition stands 6. M. Swaroopa Rani, Panchayat Secretary, Mandal, is dispensed with. 3 Interlocutory Applications, if any, stand closed in terms of this order. 7. Sd/- A. VENU GOPAL RAO ASSISTANT REGISTRAR //TRUE COPY// / -- / SECTION OFFICER To, The Principal Secretary, Panchayatraj and Rural Development, State of Andhra Pradesh, Secretariat Buildings,Velagapudi, Amaravati. AP. The Commissioner, Andhra Pradesh Capital Regional Development Authority APCRDA, Vijayawada, NTR District. The Executive Officer, Gollapudi Grampanchayat, Gollapudi, NTR District. 4. The Panchayat Secretary, Gollapudi Gram Panchayat, Gollapudi, NTR District. One CC to Sri V. Vinod K Reddy, Advocate [OPUC] One CC to M/s. S. Pranathi, SC for APCRDA[OPUC] One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUC] 8. Two CC’s to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh[OPUC] 9. Three CD Copies. 1. 2. 3. 5. 6. 7. ssb HIGH COURT \ DATED:23/06/2025 ORDER WP No.13788 of 2025 ALLOWING THE W.P. WITHOUT COSTS