Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 24182 (AP)

Addakatia Krishna Kumari v. The State of A.P

WP/17722/2024 · 2025-01-21

Tarlada Rajasekhar Rao

body2025

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 FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 17722 OF 2024 Between: Addakatia Krishna Kumari, D/o Appana, aged about 54 years, Occ: Farmer Dumbriguda Mandal, Araku valley, Alluri Seetaramaraju District. ...PETITIONER AND 1. The State of A.P, Rep by its Principal Secretary, Panchayat Raj and Rural Department,Secretariat, Velagapudi, Amaravati. 2. The Commisioner, Panchayat Raj and Rural Development, Vijayawada, Krishna District. 3. The District Panchayat Officer, Paderu Mandal and town, Alluri Seetaramaraju District. 4. The Chintalaveedi Gram Panchayat, Rep by its Panchayat Secretary, Paderu Mandal, Alluri Seetaramaraju District. 5. The Tahsildar, Paderu Mandal, Alluri Seetaramaraju District. 6. Vanthala Seethama, W/o V.Mooshe, aged about 53 years, Panchayat President, Chintalaveedi, Paderu Mandal, Alluri Seetaramaraju District. 7. Vanthala Naresh, S/o V.Moshe, aged about 30 years, Chinatalaveedi, Paderu mandal,Alluri Seetaramaraju District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate writ, order or direction one in nature of writ of mandamus declaring the inaction of 3rd and 4th respondents in not taking any steps on the unauthorized constructions made by 6th and 7th Respondents without any sanctioned building permission in Alluri Seetaramaraju District, Paderu Mandal, Chintalaveedi Village within the limits of Chintalaveedi junction 15 x 30 Sq.yards wide of land boundaries, to the east R and B road, to the West Setti Prabhakar Rao Land , to the North Kilo Bhairagi Land and to the south Thatched House belongs to Korra Dobulu even after several representations is being illegal, arbitrary and against the principles of natural justice and consequently the direct the 4th respondent and 5th respondent to consider the representation of petitioner dated 12.07.2024 and 08.04.2024 and take appropriate action as per law. lA NO: 1 OF 2024 Petition under Section 151 CPC is filed 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 to forthwith stop the constructions at Alluri Seetaramaraju District, Paderu Mandal, Chintalaveedi Village within the limits of Chintalaveedi junction 15 x 30 Sq.yards wide of land boundaries, to the east R & B road, to the West Setti Prabhakar Rao Land , to the North Kilo Bhairagi Land and to the south Thatched House belongs to Korra Dobulu pending disposal of the above writ petition. Counsel for the Petitioner: SRI KAUSHIK KUMBHAJADALA Counsel for the Respondent Nos. 1 to 3: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.5: GP FOR REVENUE Counsel for the Respondent No.4: SRI Y KOTESWARA RAO (SC FOR ZPPS, MPPS & GP) Counsel for the Respondent Nos. 6 & 7: SRI THOTA S V L NARASIMHASWAMY The Court made the following: ORDER 1 APHC010341502024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY ,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 17722/2024 Between: ...PETITIONER Addakatia Krishna Kumari AND ...RESPONDENT(S) The State Of A P and Others Counsel for the Petitioner: 1.KAUSHIKKUMBHAJADALA Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE S.Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads.Mandal Praja Parishads and Gra 4.THOTA S V L NARASIMHASWAMY 2 The Court made the following Order: The present Writ Petition India for the following relief/s: is filed under Article 226 of the Constitution of h“"' ^ appropriate writ order or direction one in nature of writ of mandarr7us declanng the inaction of 3^^ and 4^^ respondents in not taking any steps sanctoned building permission in Allurl Seetaramaraju District Paderu Mandai of rZ'b'^"'T Chintalaveedi Junction 15 x 30 Sq yards T a ! Z « ^hd B road to the West SettI Prabhakar Rao le orZ^tl 7" fZ /s ie,>7g fttega/ arMrary and aga/nsf n'fZZ T and consequently the direct the 4"' respondent and OsZZoTaZtr representation of petitioner dated 12.07.2024 and 08.04.2024 and take appropriate action as per law and pass.." any 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. Learned counsel for the petitioner submits that petitioner made a representation dated 12.07.2024 and 08.04.2024 to the 3^^ and 4*'^ respondent to take steps on the unauthorized constructions made by the 6*^ and 7^^ respondents in Alluri Seetaramaraju District, Paderu Mandai, Chintalaveedi Viiiage within the limits of Chintalaveedi Junction 15 x 30 Sq yards wide of land boundaries to the east R and B road to the West Setti Prabhakar Rao Land to the North Kilo Bhairagi Land and to the Korra Dobulu. It would suffice for the time south Thatched House belongs to being if a direction is given to the consider and dispose of the respondents concerned to petitioner’s representations dated 12.07.2024 and 08.04.2024 in accordance with law in a time bound manner. 4. Learned Counsel appearing for unofficial counter submitted that, after taking Panchayat, they have undertaken the respondent Nos.6 and 7, necessary permission from the Gram constructions activities. If the petitioner on ' \ 3 wants to claim the right over the subject property, she has to approach the competent Civil Court, thus prayed to dismiss the writ petition. Learned counsel appearing for the respondent No.4/Gram Panchayat has stated no objection and requested a reasonable time to dispose of the representation. 4. 5. Without going into merits of the case, the competent authority is directed to examine the representation dated 12.07.2024 submitted by the petitioners, after giving notices to the unofficial respondents and appropriate orders in accordance with law and communicate the decision to the petitioners. pass With the above directions, the Writ Petition is disposed of at the admission stage. The respondents are directed to take decision expeditiously as possible, preferably within a period of three (03) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 6. as As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Rural 1. The Principal Secretary, Panchayat Raj and Department,Secretariat, Velagapudi, Amaravati. 2. The Commisioner, Panchayat Raj and Rural Development, Vijayawada, Krishna District. 3. The District Panchayat Officer, Paderu Mandal and town, Alluri Seetaramaraju District. 4. The Panchayat Secretary, Chintalaveedi Gram Panchayat, Paderu Mandal, Alluri Seetaramaraju District. 5. The Tahsildar, Paderu Mandal, Alluri Seetaramaraju District. 6. One CC to Sri Kaushik Kumbhajadala Advocate [OPUC] 7. Two CCs to GP for Panchayat Raj Rural Dev, High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. One CC to Sri Thota S V L Narasimhaswamy, Advocate [OPUC] 10. One CC to Sri Y Koteswara Rao (SC for ZPPs, Mpps & GP), Advocate [OPUC] 11. Three CD Copies TF HIGH COURT DATED:21/01/2025 ORDER WP.No.17722 of 2024 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS