K K IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE ! PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 807 OF 2025 Between: Yarramshetti Kabir, S/o Yarramsetti Subramanyam, Aged about 60 years R/o M.M.Puram, Pulla Village, Bhimadole Mandal, Eluru District. ...PETITIONER AND The State of Andhra Pradesh, represented by its Principal Secretary, Department of Panchayat Raj at Secretariat, Velagapudi, Amaravathi, Guntur District. The District Collector, Eluru, Eluru District. The District Panchayat Officer, Eluru, Eluru District. The Tahsildar, Bhimadole Mandal Eluru District. The Mandal Praja Parishad Officer, Bhimadole Mandal, Eluru District. The Pulla Gram Panchayat, Rep by its Panchayat Secretary, Pulla Village, Bhimadole Mandal Eluru District. Peddireddy Verra Venkata Satyanarayana Murthy, S/o Hah Bramaha Naidu, R/o M.M.Puram, Pulla Village, Bhimadole Mandal, Eluru District. Peddireddy Hari Bramaha Naidu, S/o P. Veera Venkata Satyanarayana Murthy, Occ- Vice President, R/o M.M.Puram, Pulla Village, Bhimadole Mandal, Eluru District. The Sarpanch, Pulla Gram Panchayat Pulla Village, Bhimadole Mandal, Eluru District. 1. 2. 3. 4. 5. 6. 7. 8. 9. ...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 of Mandamus declaring the in action of the respondents No.2 to 6 not taking any action against the illegal construction Made by the 7th and 8th Respondent in Government Land by encroaching into C.C.Road Margin opposite to the Bus stand and trying to erect the Statue in the above said land without any permission and without any Council Resolution from the 6th respondent and from the 2ND respondent in M.M.Puram.Pulla Village, Bhimadole MandaI.EIuru District as illegal, arbitrary and Contrary to the Provisions of Section 98 of the Andhra Pradesh Panchayat Raj Act, 1994, and Go.M.s.No 188 Dated 21-07-2011 and apart from being violative of fundamental rights guaranteed under Article 14,19,21, 300A of the Constitution of India. Consequently, direct the respondents No.6 to remove the illegal construction and encroachment into the C.C. road opposite to Bus stand made by the respondents No. 7 and 8. 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 No.2 to 6 to stop the erection of the statue in the illegal construction made by the 7'*^ and 8**^ respondent under the guise of 9 Respondent pending disposal of W.P.No. of 2025. th Counsel for the Petitioner: SRI T DIWAKAR REDDY Counsel for the Respondents No.1,3: GP FOR PANCHAYAT RAJ RURAL DEVELOPMENT Counsel for the Respondents No.2,4: GP FOR REVENUE Counsel for the Respondents No.5,6: SRI Y KOTESWARA RAO (SC FOR ZPPS, MPPS AND GRAM PANCHAYAT) Counsel for the Respondents No.7 to 9: —- The Court made the following: ORDER 1 APHC010016162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 807/2025 Between: ...PETITIONER Yarramshetti Kabir AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner; 1.T DIWAKAR REDDY Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV a. V. 2 !■ HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA THE WRIT PETITION NO: 807 of 2025 This Court made the following ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief; “...to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS questioning the inaction of Respondent Nos.2 to 6 in failing to take action against the illegal construction made by the 7'^ and 8'^ Respondents under the guise of 9'^ respondent on Government land by encroaching into C.C. Road margin opposite to the Bus Stand and further attempting to erect a statue on the above said land without any permission and without any council resolution from the 6*'' Respondent and the 2"'^ Respondent, illegal, arbitrary and Contrary to the provisions of Section of the Andhra Pradesh Panchayat Raj Act, 1994 and G.O.Ms.No.188 of Panchayat Raj Act and apart from being violative of fundamental rights guaranteed under Articles 14, 21 and 300-A of the Constitution of India. Consequently, direct the Respondent No.6 to remove the illegal construction and encroachment into the C.C. road margin opposite to Bus stand made by the Respondent No.7 and 8 and pass.... as 98 19 The case of the Petitioner is that the Petitioner and others submitted a representation dated 20.09.2023 complaining that the un-official Respondents 2. th herein with active connivance of 9 3 Respondent are constructing unauthorized construction by occupying the road margin with an intention to erect the statue of Sir Arthur Cotton. Pursuant to his representation an enquiry was conducted and it was found that no permission was granted in favour of the unofficial Respondents for such construction by the Officer of Mandal Praja Parishad on 04.10.2023 and submitted same to the Mandal Revenue Officer/Tahsildar, Bhimadole Mandal. The District Panchayat Officer/3'‘^ Respondent issued proceedings dated 20.09.2023 to look into the complaint made by the Petitioner addressing the Extension Officer (Panchayat Raj & Rural Development), Bhimadole, Divisional Panchayat Officer, Secretary, Gram Panchayat, Poolla, Bhimadole Mandal and Mandal Parishad Development Officer. Mandal Praja Parishad, Bhimadole. In view of the directions of the 3'^'^ Respondent, the Gram 3. Panchayat issued notice dated 07.01.2025 holding that the subject construction is unauthorized without permission and same can be removed by following due process of law. Considering the submissions made by both the learned 4. counsel and in view of the notice dated 07.01.2025 issued by Gram Panchayat, the action as per Section 98 of the Andhra Pradesh V :4 Panchayat Raj Act, 1994 was initiated and therefore, the Gram Panchayat shall proceed further pursuant to the notice dated 07.01.2025 and take action against the subject construction in accordance with law U/s 98 of the A.P. Panchayat Raj Act. Accordingly, the Writ Petition is disposed of. No costs. 5. As sequel, interlocutory applications if any pending, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// OFFICER SE To, 1. The Principal Secretary, State of Andhra Pradesh, Department of Panchayat Raj at Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Eluru, Eluru District. 3. The District Panchayat Officer, Eluru, Eluru District. 4. The Tahsildar, Bhimadole Mandal Eluru District. 5. The Mandal Praja Parishad Officer, Bhimadole Mandal, Eluru District. 6. The Panchayat Secretary, Pulla Gram Panchayat, Pulla Village, Bhimadole Mandal Eluru District. 7. Peddireddy Verra Venkata Satyanarayana Murthy, S/o Hah Bramaha Naidu, R/o M.M.Puram, Pulla Village, Bhimadole Mandal, Eluru District. m 8. Peddireddy Hari Bramaha Naidu, S/o P. Veera Venkata Satyanarayana Murthy, Occ- Vice President, R/o M.M.Puram, Pulla Village, Bhimadole Mandal, Eluru District. 9. The Sarpanch, Pulla Gram Panchayat Pulla Village, Bhimadole Mandal, Eluru District. 10. OneCCto SRI. T. DIWAKAR REDDY, Advocate [OPUC] 11. Two CCs to GP FOR PANCHAYAT RAJ RURAL DEVELOPMENT, High Court of Andhra Pradesh. [OUT] 12. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT] 13. One CC to SRI. Y. KOTESWARA RAO, Advocate (SC FOR ZPPS, MPPS AND GRAM PANCHAYAT [OPUC] 14. Three C.D.Copies nm HIGH COURT DATED:10/01/2025 ORDER WP.No.807 of 2025 ■S' ov X 2 7 .IAN 2'':5 O ^Jj ^ . Current section DISPOSING OF THE WP WITHOUT COSTS