Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 28848 (AP)

MB. Ramachandra v. The State of Andhra Pradesh

WP/21100/2024 · 2025-01-06

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) MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21100 OF 2024 Between: B. Ramachandra, S/o. B. Valeppa, Aged about 53 years, R/o. D.No. 10- 11 A, Chintalapalli Village, Peddapanjani Mandal, Chittoor District.^* ...Petitioner AND 1. The State of ^ndhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj Department, Secretariat, Velagapudi, Guntur District. 2. The District Collector (Panchayat Raj Department), Chittoor, Chittoor District. 3. The Mandal Revenue Officer, Peddapanjani Mandal, Chittoor District. 4. The Mandal Parishad Development Officer, Peddapanjani Mandal, Chittoor District. 5. The Panchayat Secretary, Maadanapalli Grarrtl^anchayat, Peddapanjani Mandal, Chittoor District. 6. The Circle Inspector of Police, GangavararrT Mandal, Chittoor District. 7. The Station House Officer, Peddapanjani Police Station, Chittoor District. A. Sreenivakulu, S/o. late A. Marappa, Aged about 65 years, R/o. Chintalapalle Village, Peddapanjani Mandal, Chittoor District. 9. A. Subbamfna, W/o. A. Sreenivasulu, Aged about 60 years, R/o. Chintalapalle Village, Panjar^andal, Chittoor Dist^t. 8. Madhavdraja, S/o. A. Sreenivasulu, Aged about 40 years, R/o. Chintalapalle Village, Panjani Mandal, Chittoor District. A. Suti^ini, D/o. A. Sreenivasulu, Aged about 32 years, R/o. Chintalapalle Village, Panjani Mandal, Chittoor District G. Nag^aju, S/o. G. Gangaiah, Aged about 60 years, R/o. Chintalapalli Village, Panjani Mandal, Chittoor District. P. Sanikarappa, S/o. Late Ramaiah, Aged about 58 years, R/o. Chintalapalli Village, Panjani Mandal, Chittoor District. 10. 11. 12. 13. w—- ...Respondents Petition under Article 2^6 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the highhanded action of the Respondents No. 2 to 7 in not considering the Petitioner representations dated 29.08.2024 and 22.08.2022 and not follow the resolution for removal of illegal encroachmer;^.(House and compound walls constructions of the Respondents No. 8 to 13) for free ingress and egress of vehicles in public pathway and for construction of the drainage channel and laying the road as per Village Map in Revenue Records and Panchayat Records for restrict the Village drainage water and Rain water flow to the Petitioner land as illegal, arbitrary, unjust, according to the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 and violation of Articles 14, 19 and 300-A of the Constitution of India and consequently direct the Respondents No. 2 to 5 to construct the drainage channel and laying road by removing the illegal constructions in public pathway as per Village Map by considering the Petitioner representationsdated 29.08.2024 and 22.08.2022. lA NO: 1 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 No. 6 and 7 to consider the Petitioner representations dated 29.08.2024 and 22.08.2022 for take appropriate action and register the crime against the Respondents No. 8 to 11, who occupied the public pathway and threatened the Petitioner and other villagers, 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 No. 2 to 5 to stay all further proceedings of laying the road without removing the illegal construction in public pathway y as per Village map at Chintalapalli Village, Maadanapalli Panchayat, Peddapanjani Mandal, Chittoor District, pending disposal of the main Writ Petition. Counsel for the Petitioner: M/S. P SARASWATHI Counsel for the Respondent Nos. 1 to 3: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent Nos. 4&5: SRI M SUDHEER SC FOR ZPP, MPP ANDGP Counsel for the Respondent Nos. 6&7: GP FOR HOME The Court made the following order: THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 21100 of 2024 ORDER: This Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:- pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the highhanded action of the Respondents No. 2 to 7 in not considering the Petitioner representations dated 29.08.2024 and 22.08.2022 and not follow the resolution for removal of illegal encroachments (House and compound walls constructions of the Respondents No. 8 to 13) for free ingress and egress of vehicles in public pathway and for construction of the drainage channel and laying the road as per Village Map in Revenue Records and Panchayat Records for restrict the Village drainage water and Rain water flow to the Petitioner land as illegal, arbitrary, unjust, according to the provisions of the Andhra Pradesh Panchayat raj Act, 1994 and violation of Articles 14, 19 and 300-A of the Constitution of India and consequently direct the Respondents No. 2 to 5 to construct the drainage channel and laying road by removing the illegal constructions in public pathway as per Village Map by considering the Petitioner representations dated 29.08.2024 and 22.08.2022, and pass such other order or orders ” '\ 2 2. Learned counsel for the petitioner after arguing for some time, requested this Court that it would suffice to direct the respondents to consider the petitioner’s representation dated 29.08.2024. 3. Without going into the merits of the case, the Writ Petition is disposed of directing the 4‘^ respondent to examine the representation made by the petitioner on 29.08.2024 and address the issue raised by the petitioner herein by following due procedure of law and communicate the decision to the petitioner within a period of four weeks from the date of receipt of the Order. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any, in this Writ Petition, shall stand closed. SD/- M.PRABHAKARA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The District Collector (Panchayat Raj Department), Chittoor)°*Chittoor District. 3. The Mandal Revenue Officer, Peddapanjani l^andal, Chittoor District. 4. The Mandal Parishad Development Officer, Peddapanj^i Mandal, Chittoor District. 5. The Panchayat Secretary, Maadanapalli Gram Panchayat Peddapanjani Mandal, Chittoor District. r p 6. The Circle Inspector of Police, Gangavaram Mandal, Chittoor District. 7. The Station House Officer, Peddapanjani Police Station, Chittoor District. 8. One CC to M/s. P Saraswathi Advocate [OPUC] 9. One CC to M. Sudheer SC for ZPP, MPP and GP [OPUC] nqhayat Raj Rural Dev, High Court Of 10. Two CCs to GP for Pan Andhra Pradesh. [OUT] V V,- 11. Two CCs to GP for Home, High Court Of Andhra Pradesh. [OUT] 12. Three CD Copies GSC HIGH COURT DATED:06/01/2025 ORDER WP.No.21100 of 2024 ,§ 2 9 JAN 2025 » ^ pji Curreni Section . ^ DISPOSING OF THE WP WITHOUT COSTS