APHC010436092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ^ THURSDAY,THE FOURTH DAY OF SEPTEMBEiaQ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22747 OF 2025 Between: 1. KOLLU NARASIMHA SWAMY, S/o.Ramanna, Aged about 58 years, Occ- Fisherman, R/o.D.No.1-54, Karavaka Village, Dr.B.R.Ambedkar Konaseema District, Andhra Pradesh and Mamidikuduru Mandal another. 2. Kollu Kameswara Rao,, S/o.Narasimha Swamy, Aged about 32 OccandFisherman, R/o.D,No.1-54,Karavaka Village, Mamidikuduru Dr.B.R.Ambedkar Konaseema District, Andhra Pradesh. years, Mandal, ...Petitioners AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Divisional Panchayat Officer, Amalapuram Konaseema District. 3. The Karavaka Gram Panchayat, Rep. by its Panchayat Secretary. Karavaka Village, Mamidikuduru Mandal District. Dr.B.R.Ambedkar Dr.B.R.Ambedkar Konaseema 4. Kollu Srinivasa Rao, S/o.Narasimha Raju, Aged about 50 years, Occ- Fisherman, R/o.Karavaka Village, Mamidikuduru Mandal, Dr.B.R.Ambedkar Konaseema District, Andhra Pradesh. ...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 more particularly one in the nature of writ of mandamus declare the action of the respondent in interfering with the construction of petitioners residential house/building in Plot No.31 admeasuring 0.03 cents in Sy.No.383/2 of Karavaka (Erstwhile Gogannamatham) Village of Mamidikuduru Dr.B.R.Ambedkar Konaseema District without issuing any notice or following due process of law as wholly illegal, arbitrary and in violation of Principles of natural justice and also in violation of Art. 14, 21 and 300A of the Constitution of India and consequently direct the respondents not to interfere with the construction of petitioners residential house/building in Plot No.31, admeasuring 0.03 cents in Sy.No.383/2 of Karavaka (Erstwhile Gogannamatham) Village Konaseema District without following due process of law. 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 to direct the respondents not to interfere with the construction of petitioners residential house/building in Plot No.31, admeasuring 0.03 cents in Sy.No.383/2 of Karavaka (Erstwhile Gogannamatham) Village Mamidikuduru Mandal Dr. BR Ambedkar Konaseema District without following due process of law ; SRI MUSUDI BABJI Counsel for the Respondents (R1,R2) : GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondents (R3): SRIYARRAGUNTLA KOTESWARA RAO (STANDING COUNSEL FOR ZPPS MPPS & GRAM PANCHAYAT) The Court made the following ORDER : Counsel for the Petitioners APHC010436092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22747/2025 Between: 1.KOLLU NARASIMHA SWAMY, S/O.RAMANNA, AGED ABOUT 58 YEARS, OCC-FISHERMAN, R/O.D.NO.1-54, KARAVAKA VILLAGE, MAMIDIKUDURU MANUAL, DISTRICT, ANDHRA PRADESH AND ANOTHER. DR.B.R.AMBEDKAR KONASEEMA 2.KOLLU KAMESWARA RAO,, S/0.NARASIMHA SWAMY, AGED ABOUT 32 YEARS, OCCANDFISHERMAN, 54,KARAVAKA VILLAGE, DR.B.R.AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. R/0.D.N0.1- MANDAL, MAMIDIKUDURU ...PETITIONER{S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL PANCHAYAT RAJ AND RURAL DEVELOPMENT SECRETARIAT BUILDINGS, VELAGAPUDI, SECRETARY, DEPARTMENT, AMARAVATI, GUNTUR DISTRICT. 2.THE DIVISIONAL PANCHAYAT OFFICER, AMALAPURAM DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 3.THE KARAVAKA GRAM PANCHAYAT, REP. BY ITS PANCHAYAT KARAVAKA VILLAGE, MAMIDIKUDURU MANUAL, SECRETARY. DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 2 4.K0LLU SRINIVASA RAO, S/0. NARASIM HA RAJU, AGED ABOUT 50 OCC-FISHERMAN, MAMIDIKUDURU MANDAL, DISTRICT, ANDHRA PRADESH. YEARS, R/O.KARAVAKA VILLAGE, DR.B.R.AMBEDKAR KONASEEMA ...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 toPeased to issue a Writ or order or direction more particularly one in the nature of writ of mandamus declare the action of the respondent in interfering with the construction of petitioners residential house/building in Plot No.31 admeasuring 0.03 cents in Sy.No.383/2 of Karavaka (Erstwhile Gogannamatham) Village of Mamidikuduru Dr.B.R.Ambedkar Konaseema District without issuing any notice or following due process of law as wholly illegal, arbitrary and in violation of Principles of natural justice and also in violation of Art.14, 21 and 300A of the Constitution of India and consequently direct the respondents not to interfere with the construction of petitioners residential house/building in Plot No.31, admeasuring 0.03 cents in Sy.No.383/2 of Karavaka (Erstwhile Gogannamatham) Village Konaseema District without following due process of law and to 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 Peased to issue a Writ or order or direction more particularly one in the nature of writ of mandamus declare the action of the respondent in interfering with the construction of petitioners residential house/building in Plot No.31 admeasuring 0.03 cents in Sy.No.383/2 of Karavaka (Erstwhile Gogannamatham) Village of Mamidikuduru Dr.B.R.Ambedkar Konaseema District without issuing any notice or following due process of law as wholly illegal, arbitrary and in violation of Principles of natural justice and also in violation of Art.14, 21 and 300A of the Constitution of India and consequently direct the respondents not to interfere with the construction of petitioners residential house/building in Plot No.31, admeasuring 0.03 cents in Sy.No.383/2 of Karavaka (Erstwhile Gogannamatham) Village Konaseema District without following due process of law and to pass Counsel for the Petitioner(S); 3 1.MUSUDI BABJI Counsel for the Respondent(S): 1 .GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 1^ 4 t THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22747/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; “ pleased to issue a Writ or order or direction more particularly one in the nature of writ of mandamus declare the action of the 3''^ respondent in interfering with the construction Plot No. 31 of petitioners residential house/building in admeasuring 0.03 cents in Sy.No.383/2 of Karavaka (Erstwhile Gogannamatham) Village of Mamidikuduru Mandal, Dr.B.R.Ambedkar Konaseema District without issuing any notice or following due process of law as wholly illegal, arbitrary and in violation of Principles of natural justice and also in violation of Art.14, 21 and 300A of the Constitution of India and consequently direct the respondents not to interfere with the construction of petitioners residential house/building in Plot No.31, admeasuring 0.03 cents in Sy.No.383/2 of Karavaka (Erstwhile Gogannamatham) Village, Konaseema District without following due process of law and to pass ” 2. Heard the learned counsel for the petitioners, the learned Government Pleader appearing for the respondents and learned Standing Counsel for Gram Panchayat. 3. Learned counsel for the petitioners submits that the petitioners belong to a weaker community, namely the Agnikula Kshatriya, and were allotted 5 House Plot No.31, admeasuring to an extent of Ac.0.03 cents, in Sy.No.383/2 of Karavaka Village, Mamidikuduru Mandal, by the then Tahsildar vide Ref.A 1168/91, dated 30.12.1991. The petitioners have been residing at the said plot, having constructed a house thereon, for which they have been regularly paying the House Tax and have also electricity service connection bearing Consumer No.1414360522000099. As the existing house became old and is in a dilapidated condition, the petitioners demolished the structure with intention of constructing a new house/residential building. Subsequently, the petitioners commenced the construction of the new house. However, without issuing any prior notice, the respondent authorities are trying to interfere with the ongoing construction regarding the subject house plot is contrary to the principles of natural justice and due process of law. Hence, the Writ Petition. obtained an 4. Learned Government Pleader for Panchayat Raj submits that the respondents will follow due process of law as contemplated, if they intend to interfere with the ongoing construction of the house/resident ial building of the petitioners in the subject house plot. 5. Having regard to the submissions of the learned counsel for the petitioners, the learned Government Pleader for the Revenue and on perusal of the material available on record, this Court is of the considered 6 opinion that the present Writ Petition can be disposed of directing the respondents to follow due process of law, if they intend to interfere with the construction of house/residential building of the petitioners in the House Plot No.31, admeasuring to an extent of Ac.0.03 cents, situated in Sy.No.383/2 of Karavaka Village, Mamidikuduru Mandal. 6. In the result, 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. SD/- G. HELA NAIDU ASSISTANT REGISI RAR //TRUE COPY// S£CT!Or4 OFFICER To, 1. The Principal Secretary,State Of Andhra Pradesh, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Divisional Panchayat Officer, Amalapuram Konaseema District. Dr.B.R.Ambedkar 3. The Panchayat Secretary Karavaka Gram Secretary. Karavaka Village, Mamidikuduru Mandal, Dr.B.R.AmbedkarKonaseema District. 4. Kollu Srinivasa Rao, S/o.Narasimha Raju, Aged about 50 years, Occ- Fisherman, R/o.Karavaka Village, Mamidikuduru Mandal, Dr.B.R.Ambedkar Konaseema District, Andhra Pradesh. 5. One CC to SRI. MUSUDI BABJI Advocate [OPUC] 6. One CC to SRI. YARRAGUNTLA KOTESWARA RAO (STANDING COUNSEL FOR ZPPS MPPS & GRAM PANCHAYAT) 7. Two CCS to GP FOR PANCHAYAT RAJ RURAL DEV High Court of Andhra Pradesh [OUT] 8. Two CD Copies TAC HIGH COURT DATED:04/09/2025 ORDER WP NO. 22747 OF 2025 DISPOSING THE WP WITHOUT COSTS