Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 26385 (AP)

SRI SHIRIDI SAI VIDYANIKETHAN v. THE STATE OF ANDHRA PRADESH

WP/19055/2024 · 2025-03-04

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

w IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 19055 OF 2024 Between; Sri Shiridi Sai Vidyanikethan, Chemudulanka, Alamuru Mandal Dr.B.R.Ambedkar Konaseema District Rep.by its Secretary and Correspondent M.Uma Rani D/o.Late T.Paleswara Rao Aged 53 years ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, A.P. Secretariat, Velagapudi, .Amaravati, Guntur District. 2. The District Panchayat Officer, Dr.B.R.Ambedkar Konaseema District Amalapuram, AP 3. The Chemudulanka Grampanchayat, Rep. by its Secretary Chemudulanka, Alamuru Mandal Dr.B.R.Ambedkar Konaseema District, AP 4. The District Collector, Dr.B.R.Ambedkar Konaseema District, Amalapuram , AP. 5. The Revenue Divisional Officer, Dr.B.R.Ambedkar Konaseema District, Amalapuram , AP. 6. The Mandal Revenue Officer, Alamuru Mandal, Dr.B.R.Ambedkar Konaseema District, AP. 7. The Village Revenue Officer, Chemudulanka Village, Alamuru Mandal, Dr.B.R.Ambedkar Konaseema District, AP. RR 4 to 7 are impleaded as per the Court Order dt. 16.10.2024 vide orders passed in I.A.No. 03 of 2024. ...Respondents ;,. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate Order, Direction or Writ more particularly in the nature of Writ of Mandamus, declaring the action of the respondents 2 and 3 in not taking proper steps to protect the 40 feet road passing through the colony situated in Chemudulanka Village, Alamuru Mandal, Dr.B.R.Ambedkar Konaseema District from encroachments obstructions being caused by the locals to the students for passing through the said road to go to Sri Shiridi Sai Vidyanikethan school on its Northern Gate as highly illegal, arbitrary, violative of Sec.53 and 96 of the A.P. Panchayat Raj act besides violative of Art. 19 of the Constitution of India and consequently direct the respondents 2 and 3 to ensure no obstruction is caused to the school going children to go to Sri Shiridi Sai Vidyanikethan school on its Northern gate through the said 40 feet colony road. lA NO: 1 OF 2024 may one and 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 2 and 3 to caused to the school ensure no obstruction is going students to reach the Sri Shiridi Sai Vidyanikethan School from its Northern Gate through 40’feet road existing in the colony situated in Chemudulanka village, Alamuru Mandal, Dr.B.R. Ambedkar Konaseema District pending disposal of the main Writ Petition. lA NO: 2 OF 2024 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 2 and 3 to remove the unauthorized construction of temple being build in the middle of the 40th feet road by the locals to cause obstruction to the school going students to reach the Sri ShiridiSaiVidyanikethan School from its Northern Gate through 40’feet road existing in the colony situated in Chemudulanka village, Alamuru Mandal, Dr.B.R. Ambedkar Konaseema District pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI. YASWANTH GADE Counsel for the Respondent Nos. 1,2,4 to 7: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.3: SRI Y KOTESWARA RAO SC FOR ZPP, MPP &GP The Court made the following order: 1 1 APHC010373022024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY ,THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 19055/2024 Between: 1.SRI SHIRIDI SAI VIDYANIKETHAN, CHEMUDULANKA, ALAMURU MANDAL DR.B.R.AMBEDKAR KONASEEMA DISTRICT REP.BY ITS SECRETARY AND CORRESPONDENT M.UMA RANI D/0.LATE T.PALESWARA RAO AGED 53 YEARS ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT PANCHAYAT OFFICER, DR.B.R.AMBEDKAR KONASEEMA DISTRICT AMALAPURAM, AP 3.THE CHEMUDULANKA GRAMPANCHAYAT, REP.BY ITS CHEMUDULANKA, ALAMURU MANDAL DR.B.R.AMBEDKARKONASEEMADISTRICT,AP 4.THE DISTRICT COLLECTOR, DR.B.R.AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM , AP. 5.THE REVENUE DIVISIONAL OFFICER, DR.B.R.AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM , AP. 6.THE MANDAL REVENUE OFFICER, ALAMURU MANDAL, SECRETARY 2 \ DR.B.R.AMBEDKAR KONASEEMA DISTRICT,AP. 7.THE VILLAGE REVENUE OFFICER, CHEMUDULANKA ALAMURU VILLAGE, KONASEEMA DISTRICT,AP. RR 4 TO 7 ARE IMPLEADED AS PER THE COURT ORDER DT.16.10.2024 VIDE ORDERS PASSED IN I A NO 2024. MAN DAL, DR.B.R.AMBEDKAR 03 OF ...RESPONDENT(S): Counsel for the Petitioner: 1.YASWANTH GADE Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Grama Panchayat The Court made the following ORAL ORDER: Heard Sri G. Yaswanth, Ld. Counsel for the Writ Petitioner and Panuku Rajesh Kumar, Ld. Asst. Government Pleader for Panchayat Raj Rural Development and Sri V. Sai Kiran, Ld. Counsel representing Y.Koteswara Rao, Ld. Standing Counsel for Zilla Praja Parishads Praja Parishads and Grama Panchayat. Sri & Mandal 2. Learned Counsel for the Writ Petitioner submits that the Order passed by this Court on 10.02.2025 has not been uploaded and that the learned Counsel for the Writ Petitioner has received the Certified Copy of Order dated 10.02.2025 only on 28.02.2025. He seeks time to approach the Tahsildar. 3. Having regard to the facts and circumstances of this case, this Court deems it appropriate to dispose of this Writ Petition at the admission stage, without going into merit by directing the Writ Petitioner appropriate Representations before the Secretary Gramapanchayat (Respondent No.3) and the Tahsildar, Alamuru to file Chemudulanka Mandal 3 f (Respondent No.6) within two weeks from today. Upon receipt of such Representations from the Writ Petitioner, the Secretary, Chemudulanka Gramapanchayat (Respondent No.3) and the Tahsildar, Alamuru Mandal (Respondent No.6) shall enquire into the same and pass a Speaking Order in accordance with law within a period of three (03) weeks thereafter and furnish a copy of such Order to the Writ Petitioner forthwith. Needless to state that the Secretary, Chemudulanka Gramapanchayat (Respondent No.3) and the Tahsildar, Alamuru Mandal (Respondent No.6) shall consider the Representations of the Writ Petitioner objectively while passing the Speaking Orders. 4. The Writ Petitioner is directed to submit a copy of this Order to the Secretary, Chemudulanka Gramapanchayat (Respondent No.3) and the Tahsildar, Alamuru Mandal (Respondent No.6) along with the Representations within one week from today for effective compliance. 5. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 6. Interlocutory Applications, if any, stand closed in terms of this 7. order. Sd/-SHA1K WIOHD RAFl assistant REGISTRY / //TRUE COPY// .f SECTION OFFICER To 1. The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Panchayat Officer, Dr.B.R.Ambedkar Konaseema District Amalapuram, AP 3. The Secretary, Chemudulanka Grampanchayat, Chemudulanka, Alamuru Mandal Dr.B.R.Ambedkar Konaseema District AP 4. The District Collector, Dr.B.R.Ambedkar Amalapuram , AP. 5. The Revenue Divisional Officer, Amalapuram , AP. 6. The Mandal Revenue Officer, Konaseema District,AP. Konaseema District, Dr.B.R.Ambedkar Konaseema District Alamuru Mandal, Dr.B.R.Ambedkar 7. The Village Revenue Officer, ^*^®^udulanka Village, Alamuru Mandal r.B.R.Ambeclkar Konaseema District,AP. RR 4 to 7 are impleaded orders passed In I.A.No. 03 of as per the Court Order dt. 16.10.2024 vide 2024. 8. One CC to Sri. Yaswanth Gade Advocate 9. One CC to Sri. Y Koteswara Rao SC Two CCs to GP for Panchayat Raj Rural Andhra Pradesh. [OUT] Three CD Copies [OPUC] for ZPP, MPP and GP [OPUC] Dev, High Court Of 10. 11. GSC HIGH COURT DATED:04/03/2025 ORDER WP.No.19055 of 2024 05f * 0 6 MAR 2ns . Current siecuon . ite.i’gSPATCW^S-^ DISPOSING OF THE WP WITHOUT COSTS