::1:: APHC010475312024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24556/2024 Between: 1. THOTA RAMA MOHAN RAO, S/O. SATYANARAYANA AGED ABOUT 74 YEARS, OCC. RTD. MILITARY, R/O. D.NO. 17-12-48, LAXMI VARAPU PETA, NEAR GODDESS GANGAMMA TEMPLE, ELURU, ELURU DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT PACHAYAT OFFICER, EAST GODAVARI DISTRICT. 3. THE MANDAL PARISHAD DEVELOPMENT OFFICER, GOPALAPURAM MANDAL, GANOGLU PANCHAYAT OFFICE, EAST GODAVARI DISTRICT. 4. THE TAHSILDAR, GOPALAPURAM MANDAL, GANGOLU VILLAGE, EAST GODAVARI DISTRICT. 5. THE GANGOLU GRAM PANCHAYAT, REP BY ITS SECRETARY, GANGOLU VILLAGE, GOPALAPURAM MANDAL EAST GODAVARI 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 to issue an appropriate order, writ or direction, more particularly one in the nature of writ of mandamus, declaring the action ::2:: of the official respondents in allowing the third parties to raise illegal and unauthorized constructions from the subject property of an extent of Ac.4-50 cents of land situated in R.S.No.637P of Gangolu Gram Panchayat, Gopalarum Mandal, East Godavari District, and in not considering the representation dated- 09.07.2024 and further the official respondents in allowing the highhanded and arbitrary action of the third parties to raise illegal constructions in attempting to dispossess the petitioner from the subject property of an extent of Ac.4-50 cents of land situated in R.S.No.637P of Gangolu Gram Panchayat, Gopalarum Mandal, East Godavari District, without following procedure established by lawas illegal, arbitrary, unjust and violative of fundamental and constitutional rights guaranteed under the Articles 14,191,21 and 300 A of Constitution of India apart from being principles of natural justice and consequently direct the respondents to remove the illegal constructions by considering the representation dated- 09.07.2024 in the subject property of an extent of Ac.4-50 cents of land situated in R.S.No.637P of Gangolu Gram Panchayat, Gopalarum Mandal, East Godavari District, and pass Counsel for the Petitioner: 1. M SRI ATCHYUT Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra ::3:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24556/2024 This Court made the following ORDER: Heard learned counsel for the petitioner and learned Government Pleader for Respondents and perused the material placed on record. 2. Learned counsel for the petitioner submits that the petitioner is pattadar and possessor of land admeasuring to an extent of Ac.4.50 cents situated at R.S.No.637P of Gangolu Gram Panchayat, Gopalapuram Mandal, East Godavari District. While so, third parties are trying to make construction at the subject land without there being any permission or approval from the 5th respondent – Gram Panchayat as required under Section 121 of the Andhra Pradesh Panchayat Raj Act, 1994. Then the petitioner having no other option submitted a representation dated 09.07.2024 and brought to the notice of the 5th respondent about the illegal construction by third parties without any approval and requested the action against the illegal constructions being carried by third parties but even after receipt of the representation by the 5th respondent, the 5th respondent – Gram Panchayat neither considered the representation nor stopped the un-authorized construction of third parties. Hence the writ petition. ::4:: 3. On the other hand, learned Standing Counsel for 5th respondents submits that since the petitioner submitted representation, the same would be considered and pass appropriate orders in accordance with law. 4. Considering the submissions made by both the counsel and material placed on record, this Court is of the considered view that this Writ Petition can be disposed of directing the Respondent No.5 herein to consider the representation dated 09.07.2024 of the petitioner and pass appropriate orders after affording an opportunity of hearing to the petitioner and other stakeholders if any within a period of two (2) months from the date of receipt of a copy of this order. No costs. 5. Pending consideration of the representation and passing of final orders as directed above, the Gram Panchayat shall maintain status-quo obtaining as on today in respect of the subject property. 6. With the above directions, this Writ Petition is disposed of. No costs. ] Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _____________________________________ VENKATESWARLU NIMMAGADDA,J 13.08.2025 KRK ::5:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA 114 WRIT PETITION NO: 24556/2024 13.08.2025 krk