APHC010368802a25 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No: 18740 OF 2025 Between: Koduru Arun, S/o. Adamu, Aged about 36 years, R/o.D.No.2-1, Diguva kalavatala Village, Peddamudium Mandal, Y.S.R Kadapa District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayath Raj Department, Secretariat, Amaravathi, Guntur District, Andhra Pradesh. 2. The District Collector, Y.S.R. Kadapa District. 3. The Tahsildar, Peddamudium Mandal, Y.S.R Kadapa District. 4. The Executive Engineer, Panchayath Raj Department, Jammalamadugu, Y.S. R Kadapa District. 5. M/s. Sael Solar MHP2 private limited, Rep. by its Managing Director, Faridkot Road, Guruharsahai, Jalalabad, Panjab, India 152022. 6. M/s. Sael Solar MHP2 Private limited, Rep. by its Assistant General Manager, Diguva kalavatala Village,. Peddamudium Mandal, Y.S.R I Kadapa District, Pin Code No. 516434. ...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 or Order or Direction, particularly one in the nature of WR/r OF MANDAMUS, declaring the action of the 2 to 4 respondents not to % •allow the unofficial respondents 5 and 6 to construct the solar power project belongs to unofficial respondents as the petitioner gram panchayath passed the resolution not to construct solar power project dated 30.11.2024, 16.12.2024, and 29.05.2025 and violations of Articles 14, 21 & 300A and consequently direct the respondents 2 to 4 not to allow to construct the solar power project by the unofficial respondents 5 and 6 in respect of lands in Survey No.307, to an extent of Ac.181.01 cents situated, in Diguvakalavatala Village, Peddamudium Mandal, Y.S.R 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 petition, the High Court may be pleased may be pleased to direct the direct the respondents 2 to 4 not to allow to construct the solar power project by the unofficial respondents 5 and 6 in respect of lands in Survey No.307, to an extent of Ac.181.01 cents situated in Diguvakalavatala Village, Peddamudium Mandal, Y.S.R Kadapa District pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI K. SRINIVAS Counsel for the Respondent Nos.1 & 4: SRI P.RAJESH KUMAR, ASST.GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent Nos.2 & 3: SRI DIVYA TEJA, ASST.GP FOR REVENUE Counsel for the Respondent Nos.5 & 6: SRI V. VINOD K. REDDY The Court made the following order: APHC010368802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18740/2025 Between: 1.KODURU ARUN„ S/0. ADAMU, AGED ABOUT 36 YEARS, R/0. D.NO. 2-1 DIGUVA KALAVATALA VILLAGE, PEDDAMUDIUM MANDAL, Y.S.R KADAPA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2.THE DISTRICT COLLECTOR, Y.S.R. KADAPA DISTRICT. 3.THE TAHSILDAR, PEDDAMUDIUM MANDAL, Y.S.R KADAPA DISTRICT. 4.THE EXECUTIVE ENGINEER, PANCHAYATH RAJ DEPARTMENT, JAMMALAMADUGU, Y.S. R KADAPA DISTRICT. 5. M/S SAEL SOLAR MHP2 PRIVATE LIMITED, REP. BY ITS FARIDKOT ROAD, GURUHARSAHAI, MANAGING DIRECTOR, JALALABAD, PANJAB, INDIA 152022. 6. M/S SAEL SOLAR MHP2 PRIVATE LIMITED, REP. BY ITS ASSISTANT GENERAL MANAGER, DIGUVA KALAVATALA VILLAGE, PEDDAMUDIUM MANDAL Y.S.R KADAPA DISTRICT, PIN CODE NO 516434 ...RESPONDENT(S): i- W.P.No.18740 of. 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 tomay be pleased to issue a Writ or Order or Direction, particularly one in the nature of Writ of Mandamus, declaring the action of the 2 to 4 respondents not to allow the unofficial respondents 5 and 6 to construct the solar power project belongs to unofficial respondents as the petitioner gram panchayath passed the resolution not to construct solar power project dated 30.11.2024, 16.12.2024, and 29.05.2025 and violations of Article 14, 21 and 300A and consequently direct the respondents 2 to 4 not to allow to construct the solar power project by the unofficial respondents 5 and 6 in respect of lands in Survey No. 307, to an extent of Ac. 181.01 cents situated in * Diguvakalavatala Village, Peddamudium Mandal, Y.S.R Kadapa District 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 direct the respondents 2 to 4 not to allow to construct the solar power project by the unofficial respondents 5 and 6 in respect of lands in Survey No. 307, to an extent of Ac. 181.01 cents situated in Diguvakalavata la Village, Peddamudium Mandal, Y.S.R Kadapa District pending disposal of the above writ petition and pass Counsel for the Petitioner: 1.KSRINIVAS Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE 3.VVINOD K REDDY The Court made the following: 3 of 5 SRS,J W.P.No.l8740of 2025 "ORDER:: Heard Sri K. Srinivas, learned counsel for the petitioner, Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj respondents 1 and 4; Sri Divya Teja, learned Assistant Government Pleader for Revenue, for respondents 2 and 3; and Sri Ganta Rama Rao, learned Senior Counsel assisted by Sri Vinod K Reddy, learned counsel for respondents 5 and 6. for The petitioner, an elected ward member of DiguvaKalavatala Gram Panchayat, filed the above writ petition to declare the action of respondents 2 to 4 in allowing respondents 5 and 6 to construct the solar power project, despite a resolution dated 30.11.2024, passed by Diguvakalavatal a Gram Panchayat, as illegal and arbitrary. 2. Learned counsel for the petitioner would submit that respondents 5 and 6 commenced the construction activity for establishing Solar Power Project, in land to an extent of Ac. 181-01 cents in survey No.307, in Diguvakalavatala Village, Peddamudium Mandal, YSR Kadapa District (subject property); without obtaining any prior approval or ‘No Objection Certificate’ from Gram Panchayat as mandated under the Andhra Pradesh Panchayat Raj Act, 1994 (for short ‘the Act’). 3. Learned Senior Counsel for respondents 5 and 6 would submit that the Project Director, vide Ref.No.NREDCAP/SE/SAEL MHP2/LANDS/2025 dated 12.06.2025 accorded permission for the construction of a Solar Power Project in the subject land, under the Andhra Pradesh Integrated Clean Energy Policy, 2024 (for short ‘the Policy’). The possession of the said land was handed over to respondents 5 and 6, subject to the conditions imposed by the District Collector, Y.S.R. Kadapa District. Learned Senior Counsel would further submit that the entire subject land is Government Poramboke. 4. Page 4 of 5 W.P.No.l87^of Thus, as seen from the averments of the affidavit, the Vice Sarpanch of Diguva Kalavataja village made a representation dated 28.04.2025 to the District Collector, Y.S.R. Kadapa District, regarding the establishment of a Solar Power Project. The District Collector, in turn, referred the matter to the Revenue Divisional Officer (RDO), and the RDO fixed the date of hearing 27.07.2025. In fact, as seen from the above averment, the authorities intended to conduct a hearing. Therefore, the grievance of the petitioner regarding inaction on the part of respondents 2 to 4 vis-a-vis representation, in the facts and circumstances of the case, is misconceived. 5. on 6. Apart from that, the Project Director has granted permission to respondents 5 and 6 to establish a solar power plant under the policy, and in fact, the lands where the solar power project is proposed to be established Government Poramboke lands. are Whether the petitioner got locus standi to file the writ petition, need not be adjudicated at this juncture. 7. 8. Given the discussion supra, this Court does not find any merit in the writ petition, due to the above facts and circumstances of the case, coupled with the permission accorded to respondents 5 and 6 to establish a Solar Power Project. Hence, this writ petition is liable to be dismissed. 9. Accordingly, the writ petition is dismissed. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR lONOFFICER //TRUE COPY// SE To, 1. One CC to Sri K.Srinivas, Advocate [OPUC] 2. Two CCS to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh [OUT] 3. Two CCs to GP for Revenue, High Court of Andhra Pradesh 4. One CC to Sri. V. Vinod K. Reddy, Advocate [OPUC] 5. Two CD Copies. [OUT] <«> HIGH COURT DATED:29/07/2025 ORDER WP No.18740 OF 2025 ■y 5( 12 SEP 2025 ' ^s^^rrentScctiio^^ o r’-’ Co DISMISSING THE WRIT PETITION WITHOUT COSTS