1 RRR, J & MRK, J W.A.No.905 of 2024 APHC010485592024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3508] MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT APPEAL NO: 905/2024 Between: Dr.botta Suseela Devi, ...APPELLANT AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Appellant: 1. P A SESHU Counsel for the Respondent(S): 1. GP FOR REVENUE 2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 3. Y MALATHI The Court made the following Order: (per Hon’ble Sri Justice R. Raghunandan Rao) Heard Sri P. Anand Seshu, learned counsel appearing for the appellant, learned G.P. for Revenue appearing for respondents 1 to 3 and Sri Y. Rama Koteswara Rao, learned Standing Counsel appearing for respondent No.4. 2 RRR, J & MRK, J W.A.No.905 of 2024 2. The appellant herein had filed W.P.No.20566 of 2024 seeking demolition of the alleged unauthorized constructions made in Sy.No.122/11 to 122/17 and 122/19 to 122/22, 121/23 to 121/45 and 122/14, 122/17, 122/18, 122/22A respectively, of Savaravilli Village, Bhogapuram Mandal, Vizianagaram District. A learned Single Judge of this Court had dismissed the writ petition, by order dated 18.09.2024, holding that the litigation is purely of civil nature and the writ petition would not be maintainable. 3. Aggrieved by this order, dated 18.09.2024, the present writ appeal came to be filed. 4. The view of the learned Single Judge, that the dispute is that of civil nature, cannot be disputed. However, the fact remains that the 3rd respondent, who is the Secretary of the Gram Panchayat, would have to go into the question of constructions, which have been made without building permissions, in as much as, any such construction whether on encroachment or on land owned by the person making the constructions, would require to be removed. 5. In the circumstances, this writ appeal is disposed of with a direction to the 3rd respondent to verify whether the constructions made in the location mentioned above are after obtaining building permissions or not. If such building permissions do not exist, the 4th respondent shall take steps to remove such constructions. However, if building permissions are available, the 4th respondent shall not interfere with the matter and it would be open to the 3 RRR, J & MRK, J W.A.No.905 of 2024 appellant to approach the competent civil Court for appropriate relief. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. R. RAGHUNANDAN RAO, J MAHESWARA RAO KUNCHEAM, J Js. 4 RRR, J & MRK, J W.A.No.905 of 2024 HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO & HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM W.A.No.905 of 2024 (per Hon’ble Sri Justice R. Raghunandan Rao) 17th February, 2025 Js