APHC010366962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18503/2025 Between: 1. KURAPATI BHAKTAVATSALA BABU, S/O RAMACHANDRA NAIDU, AGED ABOUT 53 YEARS, CHITTALURU VILLAGE, CHEJERLA MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRI. SECRETARY, PANCHAYATI RAJ AND RURAL DEVELOPMENT DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 3. CHITTALURU GRAM PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY CHITTALURU VILLAGE, CHEJERLA MANDAL SPSR NELLORE 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 pleased topleased to issue a Writ, order or Orders more particularly one in the nature of a WRIT OF MANDAMUS declaring the action of the respondents in interfering with peaceful possession and enjoyment of petitioners Site with an extent 12 Anakanams comprised in Sy.no 111 of Chittaluru Village, Chejerla Mandal, SPSR Nellore District, as illegal, arbitrary and unconstitutiona l and consequently direct the respondents not to dispossess the petitioner from their 2 site with an extent of 12 Anakanams comprised in Sy.no 111 of Chittaluru Village, Chejerla Mandal, SPSR Nellore District and pass IA 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 pleased to direct the respondents not to dispossess the petitioner from their Site with an extent of 12 Anakanams comprised in Sy.no 111 of Chittaluru Village, Chejerla Mandal, SPSR Nellore District without following due process of law in the interest of justice pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.18503 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a Writ, order or Orders more particularly one in the nature of a WRIT OF MANDAMUS declaring the action of the respondents in interfering with peaceful possession and enjoyment of petitioners Site with an extent 12 Anakanams comprised in Sy.no.111 of Chittaluru Village, Chejerla Mandal, SPSR Nellore District as illegal, arbitrary and unconstitutional and consequently direct the respondents not to dispossess the petitioner from their site with an extent of 12 Anakanams comprised in Sy.no.111 of Chittaluru Village, Chejerla Mandal, SPSR Nellore District and to pass such other order or orders...” 2. Heard learned counsel for the petitioner and learned Standing Counsel for Gram Panchayat for the respondents. 3. Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor of the land with an extent of 12 Anakamas comprised in Sy.No.111 of Chittaluru Village, Chejerla Mandal, SPSR Nellore District. While so, the petitioner’s father Sri A.Ramachandraiah established an RO Plant and got repaired the unused bore well of the Gram Panchayat and is supplying the drinking water to the villagers at free of cost. Even though the petitioner is supplying drinking water at free of cost to the villagers and also reducing the burden to the Gram Panchayat which is the statutory obligation on part of the Gram Panchayat to supply the drinking water to the villagers, contrary to the said object, the Gram Panchayat issued notice dated 4 26.05.2025 directing the petitioner herein to remove the motor connection to the Panchayat bore well. For which, the petitioner herein submitted a detailed explanation on 28.05.2025. Even after receipt of such explanation, the respondent Gram Panchayat i.e., 3rd respondent herein, so far, not passed any speaking order but are interfering with the activity of the RO plant which is running by the petitioner. Aggrieved by the said action, the petitioner herein filed the present writ petition. 4. On the other hand, learned Standing Counsel for the respondents submits that since the petitioner already submitted a detailed explanation dated 28.05.2025 to the notice dated 26.05.2025, the 3rd respondent would consider the explanation submitted by the petitioner and pass appropriate orders in accordance with law. 5. Having regard to the submissions made by the learned counsel for the petitioner and learned Standing Counsel for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the respondents, more particularly, respondent No.3 to consider the explanation dated 28.05.2025 submitted by the petitioner pursuant to the notice dated 26.05.2025 issued by respondent No.3 and pass appropriate orders, within a period of two (02) months from the date of receipt of a copy of this order. In the meanwhile, respondent No.3 is directed not to interfere with the RO Plant said to have been running by the petitioner in all respects. 5 6. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 21.07.2025 BSP 6 12 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.18503 of 2025 21.07.2025 BSP