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2025 DAILYLAW 22703 (AP)

Smt. Sujatha v. The State of Andhra Pradesh

WP/16260/2025 · 2025-07-17

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010319782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE ^ PRESENT HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16260 OF 2025 Between: Smt. Sujatha, W/o. V. Manjunath, aged about 36 years, Occ: Agriculture, R/o. Chokkara Banda Village, Kempapuram Post, BangarpetTaluka, Kolar District ...Petitioner AND 1. The State of Andhra Pradesh, Rep., by Its Principal Secretary Panchayat Raj Department, Secretariat Amaravathi, Guntur District. 2. The District panchayath officer, Chittoor District. 3. Kongatam Grama Panchayat Executive Officer, V.KotaMandal, Chittoor District 4. The Circle Inspector of Police, V.Kota Urban, Chittoor District. 5. D Narayanappa, S/o. Veerappa aged about 36 R/o. Chokkara Banda Village, Kempapuram Post Kolar District Buildings, Velagapudi rep by its Panchayat Secretary/ years, Occ. Agriculture, BangarpetTaluka, ...Respondents praying that in the the High Court may be Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent No. 2 and 3 in stopping the illegal construction respondent No.5 at the house site land in an extent of an Ac 0.75 Cents i ' Sy.No. 245/G Padigala Kuppam Village. V.Kota Mandal, Chittoor District, belong to petitioner without any approval from the respondent No. 2 and 3 and consequently direct the respondents No.2 to 4 to stop the illegal construction being carried over by the respondent No. 5 at the house site land in an extent of an Ac 0.75 Cents in Sy.No. 245/G r Mandal, Chittoor District, belong to petitioner. lA NO: 1 OF 2025 being carried out by the in Padigal9-^Kuppam Village. V.Kota 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 No. 3 and 4 to consider the 11-06-2025 submitted by petitioner and take representation, dated necessary steps to stop the Illegal construction being carried over by the respondent No. 5 at the house site land in an extent of an Ac 0.75 Cents in Sy.No. 245/G Padigala Kuppam Village, V.Kota Mandal, Chittoor District, pending disposal of the above writ petition. Counsel for the Petitioner: SMT. S PARINEETA Counsel for the Respondent Nos. 1 & 2; GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.3: SRI M SUDHIR (SC FOR ZPPS &GP) Counsel for the Respondent No.4: GP FOR HOME Counsel for the Respondent No.5: — The Court made the following order: & MPPS APHC01031978202S IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) m [3329] FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16260/2025 Between: 1.SMT. SUJATHA, W/OV. MANJUNATH, AGED ABOUT 36 YEARS, OCC. AGRICULTURE, R/0. CHOKKARA BANDA VILLAGE,KEMPAPURAM POST, BANGARPETTALUKA, KOLAR DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, , REP., BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ DEPARTMENT, BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. SECRETARIAT 2.THE DISTRICT PANCHAYATH OFFICER, CHITTOOR DISTRICT. 3.KONGATAMGRAMAPANCHAYAT, , REP BY ITS PANCHAYAT SECRETARY/ EXECUTIVE OFFICER, V.KOTAMANDAL, CHITTOOR DISTRICT 4.THE CIRCLE INSPECTOR OF POLICE, V.KOTA URBAN, CHITTOOR DISTRICT. 5.D NARAYANAPPA, S/0. VEERAPPA AGED ABOUT 36 YEARS, OCC. AGRICULTURE, R/O. CHOKKARA BANDA VILLAGE,KEMPAPURAM POST, BANGARPETTALUKA, KOLAR 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 2 pleased tomay be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent No. 2 and 3 in stopping the illegal construction being carried out by the respondent No.5 at the house site land in an extent of Ac 0.75 Cents in Sy.No. 245/G Padigala Kuppam Village, V.Kota Mandal, Chittoor District, belong to petitioner without any approval from the respondent No. 2 and 3 and consequently direct the respondents No.2 to 4 to stop the illegal construction being carried over by the respondent No. 5 at the house site land in an extent of an Ac 0.75 Cents in Sy.No. 245/G Padigala Kuppam Village, V.Kota Mandal, Chittoor District, belong to petitioner and pass lA 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 may be pleased to direct the respondents No. 3 and 4 to consider the representation, dated 11-06-2025 submitted by petitioner and take necessary steps to stop the illegal construction being carried over by the respondent No. 5 at the house site land in an extent of an Ac 0.75 Cents in Sy.No. 245/G Padigala Kuppam Village, V.Kota Mandal, Chittoor District, pending disposal of the above writ petition and pass Counsel for the Petitioner: an 1.S PARINEETA Counsel for the Respondent(S): 1.GP FDR PANCHAYAT RAJ RURAL DEV 2.GP FDR HDME The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:16260/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent No 2 and 3 in stopping the illegal construction being carried out by the respondent No. 5 at the house site land in an extent of an Ac.0.75 Cents in Sy.No.245/G Padigala Kuppam Village, V.Kota Mandal, Chittoor District belong to petitioner without any approval from the respondent No, 2 and 3 and conseguently direct the respondents Nos. 2 to 4 to stop the illegal construction being carried over by the respondent No. 5 at the house site land in an extent of an Ac.0.75 Cents In Sy.No.245/G Padigala Kuppam Village, .VKota Mandal, Chittoor District belong to petitioner and pass such other order or orders....” 2. Heard learned counsel for the petitioner and learned Government Pleader for Panchayat Raj and Rural Development for the respondents. 3. Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested this Court, without touching the merits of the case, to issue a direction to the respondents to consider and dispose of the representation dated 11.06.2024 submitted by the petitioner. 4 4. On the other hand, learned Government Pleader appearing for the respondents readily agreed to dispose of the representation dated 11.06.2024 submitted by the petitioner, pending with the authorities, within a reasonable i time. 5. In view of the submission of the learned Government Pleader for the respondents, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in “The Government of India v. P.Venkatesh^”, wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not serve to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the representation dated 11.06.2024 submitted by the petitioner, this Court find no other alternative except to issue such direction. In the result, with the consent of both the learned counsel, the writ petition is disposed of, directing the respondents to consider and dispose of the representation dated 11.06.2024 submitted by the petitioner, after providing opportunity of hearing to all the parties concerned, within a period of four (04) weeks from the date of receipt of a copy of this order. There shall be 6. no order as to costs. 2004 (1) see 769 5 Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. RAO ACHARI assistant registrar //TRUE COPY// S OFFICER To, 1. The Principal Secretary, Panchayat Raj Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District panchayath officer, Chittoor District. 3. The Panchayat Secretary/Executive Officer, Kongatam Panchayat, V.KotaMandal, Chittoor District 4. The Circle Inspector of Police, V.Kota Urban, Chittoor District. 5. One CC to Smt. S Parineeta Advocate [OPUC] 6. One CC to Sri M Sudhir (SC for MPPS, ZPPS & GP) Advocate [OPUC] 7. Two CCs to GP for Panchayat Raj Rural Dev, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 9. Two CD Copies Grama TF HIGH COURT DATED:18/07/2025 ORDER WP NO. 16260 OF 2025 if H AUG 2025 «o Seel DISPOSING OF THE W.P., WITHOUT COSTS