IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 1223 OF 2025 Between: Dr. Rayapudi Madan Mohan, S/o R.Murahari Aged about 72 Doctor, H.No. 6/184 Peddavutapalli Village, Ungaturu Mandal, Krishna District years, Occ- ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Panchayat Raj and Rural Development Secretariat Buildings, Velagapudi, Guntur District. The District Panchayat officer, Krishna District at Machilipatnam The Ungaturu Grampanchayat, Rep. by its Panchayat Secretary, Ungaturu Grampanchayat Ungaturu Mandal, Krishna District. The Mandal Surveyor, Ungaturu Mandal. Krishna District The Tahsildar, Ungaturu Mandal, Ungaturu, Krishna District 2. 3. 4. 5. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ order or more particularly in the nature of the Writ may of Mandamus declaring the action of the Respondents 3 and 4 in attempting to demolish the compound wall of the House at Door No.6/184 to that extent of 4.5 Meters from the main road in RS.No. 149/10, Pedaavutapalli Grampanchayat, Ungaturu Mandal, Krishna District without any authority without disposing of my complaint vide and without issuing any Notice V Grievance NO.KRI202501063819 Dated 06.01.2025, is illegal and violative of Articles 14,19,21 and 300A of the Constitution of India and consequently direct the Respondents to adhere to procedure under 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 demolish the compound wall of the House at Door No.6/184 to that extent of 4.5 Meters from the main road in RS.No. 149/10, Pedaavutapalli Grampanchayat, Ungaturu Mandal, Krishna District, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI S SYAMSUNDER RAO Counsel for the Respondent Nos. 1 & 2: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent Nos. 4 & 5: GP FOR REVENUE Counsel for the Respondent No.3: SRI M SUDHIR (SC FOR ZPPS MPPS & GRAM PANCHAYAT) The Court made the following: ORDER ^ \ APHC010025182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] is:- FRIDAY, THE SEVENTEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 1223/2025 Between: Dr. Rayapudi Madan Mohan ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.S SYAMSUNDER RAO Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE The Court made the following: w ^3 r 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 1223/2025 ORDER; The present Writ Petition is filed to declare the action of Respondent Nos. 3 and 4 in attempting to demolish the compound wall of the house at Door No.6/184 to the extent of 4.5 meters from the main road in RS No.149/10, Peddavutapalli Gram Panchayat, Ungaturu Mandal, Krishna District, without disposing of the Complaint of the Petitioner vide Grievance No.KRI202501063819, dated 06.01.2025 as illegal and arbitrary. 1. 2. The Petitioner claims to have purchased an extent of Ac.0.10 cents in RS.No.149/10 situated in Peddavutapalli Grampanchayat, Ungaturu Mandal, Krishna District, vide registered Sale Deed No.3619 of 1987, dated 24.11.1987. The Petitioner applied for building plan to Ungaturu Gram Panchayat and the same was approved vide resolution No.4 (3) dated 04.11.2011. Accordingly, the Petitioner said to have constructed the building as per the approved plan and is running the clinic therein. 3 plea of the Petitioner that representatives of Respondent Nos. 3 and 4 on 05.01.2025, the came to the schedule property and made a marking to an extent of 4.5 meters from the compound wall. On 06.01.2025, the Petitioner gave a Complaint to Tahsildar, Ungaturu Mandal, stating that he is not encroached any gram Panchayat land and requested the Tahsildar, Ungaturu to conduct survey vide Complaint Dated 06.01.2025 submitted by the Petitioner 4. While the application for survey before Tahsildar pending, it is submitted by the learned counsel for the Petitioner 14.01.2025, the respondent No.4 along with his staff visited the of the Petitioner and informed that the demolished. Apprehending demolition without the present Writ Petition was filed by the Petitioner. Ungaturu was that on premises encroached portion would be any notice or any survey 5. Learned Assistant Government Pleader passed on the instructions submitted by the Respondent No.5/the Tahsildar, Ungaturu, vide RC.25 of 2025 dated 16.01.2025 to the Court. In the said instructions it was stated that survey would be conducted by the Mandal Surveyor, Ungaturu, on 17.01.2025 in the presence of the Petitioner and his adjacent house holders for identifying the encroachment. It is stated by 4 the learned Assistant Government Pleader that further action would be initiated as per the relevant provisions, if the encroachment is established in the survey proposed to be conducted by the respondent No.4. 6. Taking note of the submission of the learned Assistant Government Pleader and the instructions given by the Respondent No.5, the Writ Petition is disposed of directing the Respondents to initiate action as per the relevant provisions of the law provided the encroachment is established in the survey. Till such time, no demolition shall be made. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR f //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj and Rural Development Secretariat Buildings, Velagapudi, Guntur District. 2. The District Panchayat officer, Krishna District at Machilipatnam 3. The Panchayat Secretary, Ungaturu Grampanchayat, Ungaturu Grampanchayat Ungaturu Mandal, Krishna District. 4. The Mandal Surveyor, Ungaturu Mandal. Krishna District 5. The Tahsildar, Ungaturu Mandal, Ungaturu, Krishna District 6. One CC to Sri S Syamsunder Rao Advocate [OPUC] 7. Two CCs to GP for Panchayat Raj Rural Dev, High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. One CC to Sri M Sudhir (SC for ZPPS, MPPS & Gram Panchayat) Advocate [OPUC] 10. Three CD Copies TF HIGH COURT DATED:17/01/2025 ORDER WP.No.1223 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS