APHC010501192023 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. MUDDADA GOVINDARAJULU, S/O. LATE YERRAIAH, AGED 37 YEARS, OCC. AGRICULTURE, MUDDADAPETA VILLAGE, DUSI POST, AMADALAVALASA MANDAL, SRIKAKULAM DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PANCHAYAT RAJ WING, DISTRICT COLLECTOR OFFICE, SRIKAKULAM DISTRICT. 3. THE DISTRICT PANCHAYAT OFFICER, NARASANNAPETA TOWN AND MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH. 4. THE MANDAL PARISHAD DEVELOPMENT OFFICER MPDO, , NARASANNAPETA MANDAL OFFICE, NARASANNAPETA TOWN AND MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH. 5. THE VILLAGE GRAMA PANCHAYAT OF NARASANNAPETA, REP BY ITS EXECUTIVE OFFICER, NARASANNAPETA TOWN AND MANDAL, SRIKAKULAM DISTRICT. 6. THE SRIKAKULAM URBAN DEVELOPMENT AUTHORITY, REP. BY ITS VICE-CHAIRMAN, SRIKAKULAM, SRIKAKULAM DISTRICT. ANDHRA PRADESH. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 25912/2023 MUDDADA GOVINDARAJULU, S/O. LATE YERRAIAH, AGED 37 YEARS, OCC. AGRICULTURE, MUDDADAPETA VILLAGE, DUSI POST, AMADALAVALASA MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, PANCHAYAT RAJ WING, DISTRICT COLLECTOR OFFICE, SRIKAKULAM DISTRICT. THE DISTRICT PANCHAYAT OFFICER, NARASANNAPETA TOWN SRIKAKULAM DISTRICT, ANDHRA PRADESH. THE MANDAL PARISHAD DEVELOPMENT OFFICER MPDO, , NARASANNAPETA MANDAL OFFICE, NARASANNAPETA TOWN AND MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH. THE VILLAGE GRAMA PANCHAYAT OF NARASANNAPETA, REP BY UTIVE OFFICER, NARASANNAPETA TOWN AND MANDAL, SRIKAKULAM DISTRICT. THE SRIKAKULAM URBAN DEVELOPMENT AUTHORITY, REP. BY CHAIRMAN, SRIKAKULAM, SRIKAKULAM DISTRICT. ANDHRA PRADESH. IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY,THE THIRD DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI MUDDADA GOVINDARAJULU, S/O. LATE YERRAIAH, AGED 37 YEARS, OCC. AGRICULTURE, MUDDADAPETA VILLAGE, DUSI POST, AMADALAVALASA MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, THE DISTRICT COLLECTOR, PANCHAYAT RAJ WING, DISTRICT THE DISTRICT PANCHAYAT OFFICER, NARASANNAPETA TOWN SRIKAKULAM DISTRICT, ANDHRA PRADESH. THE MANDAL PARISHAD DEVELOPMENT OFFICER MPDO, , NARASANNAPETA MANDAL OFFICE, NARASANNAPETA TOWN AND MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH. THE VILLAGE GRAMA PANCHAYAT OF NARASANNAPETA, REP BY UTIVE OFFICER, NARASANNAPETA TOWN AND THE SRIKAKULAM URBAN DEVELOPMENT AUTHORITY, REP. BY CHAIRMAN, SRIKAKULAM, SRIKAKULAM DISTRICT. 7. THE PLANNING OFFICER, SRIKAKULAM URBAN DEVELOPMENT AUTHORITY, SRIKAKULAM, SRIKAKULAM DISTRICT. ANDHRA PRADESH. ...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 topleased to issue an order or direction, especially one in the nature of WRIT OF MANDAMUS declaring the highhanded action of the Respondent Authorities, especially Respondents No.4 and No.5 herein in interfering and obstructing with the construction process of building on the petitioners land admeasuring 200 sq. yards, situated in Sy. No.219-1B1 in Narasannapeta Village Panchayat, Door No.12-105, Ward No.11, Block No.12, Bazar Street Matam Veedhi, Opposite Panchayat Office, Narasannapeta Panchayat and Mandal, Srikakulam District without giving any notice and without following the due process of law even after obtaining approved building permit order dated 26.08.2023 and plan dated 19.08.2023 in accordance with law from the Respondents No.6 and No.7 as violative of principles of natural justice, illegal, devoid of powers, colourable, in violation of Article 14, Article 21 and Article 300-A of the Constitution of India and consequently direct the Respondent Authorities, especially the Respondent No.4 and No.5 to not to interfere or obstruct with the construction process of aforesaid the petitioners building on the land admeasuring 200 sq. yards, situated in Sy. No.219-1B1 in Narasannapeta Village Panchayat, Door No.12-105, Ward No.11, Block No.12, Bazar Street Matam Veedhi, Opposite Panchayat Office, Narasannapeta Panchayat and Mandal, Srikakulam District and to pass IA NO: 1 OF 2023 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 pleased to direct the Respondent Authorities, especially the Respondent No.4 and No.5 to not to interfere or obstruct with the construction process of the petitioner's building on the land admeasuring 200 sq. yards, situated in Sy. yards, situated in Sy. No.219-1B1 in Narasannapeta Village Panchayat, Door No.12-105, Ward No.11, Block No.12, Bazar Street Matam Veedhi, Opposite Panchayat Office, Narasannapeta Panchayat and Mandal, Srikakulam District pending disposal of this writ petition IA NO: 1 OF 2024 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 Pleased to vacate the interim order dt. 04-10-2023 pursuant to the WP no. 25912 of 2023 pending disposal of the above writ petition in the interest of justice and pass IA NO: 2 OF 2024 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 pleased to appoint an Advocate Commissioner to note all physical features and measure and fix the boundaries of the petitioner’s schedule property with the help of surveyor and submit a report before this Hon’ble Court in the interest of justice and to pass Counsel for the Petitioner: 1. MOHAMMAD NAYAB RASOOL Counsel for the Respondent(S): 1. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. SUBBARAO JANDHYAM SC For Srikakulam,Bobbili UDA The Court made the following: ORDER This writ petition is filed questioning the action of respondent nos. 4 and 5 in interfering and obstructing with the construction process of building of the petitioner’s land admeasuring 200 sq.yards situated in Survey No.219- 1B1 in Narasannapeta village Panchayat, Door No.12-105, Ward No.11, Block No.12, Bazar Street Matam Veedhi, Opposite Panchayat Office, Narasannapeta Panchayat and Mandal, Srikakulam District, without giving notice and without following the due process of law that too even though the petitioner had obtained approved building permit order dated 26.08.2023 and plan dated 19.08.2023. 2. Heard Sri Md.Nayab Rasool, learned counsel for the petitioner, Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat and Sri Subba Rao Jandhyam, learned Standing Counsel for Bobbili , Srikakulam Urban Development Authority. 3. Sri Md.Nayab Rasool, learned counsel for the petitioner, while reiterating the contents of the writ affidavit would contend that earlier when the petitioner’s application for approval of the building permission was closed without giving reasons, he filed writ petition vide W.P.No.7745 of 2023 and the same was disposed of, giving liberty to the petitioner to apply afresh for online building plan approval with a direction to the authorities to consider the same and accordingly, the petitioner obtained the approved building permit order dated 26.08.2023 and plan dated 19.08.2023. Despite the same, as the respondent authorities tried to interfere with the construction and forced him to stop the construction process, he filed this writ petition. He further contended that this court granted interim direction to the authorities not to take any coercive steps on 04.10.2023. He would further contend that this court vide orders dated 8.1.2025 passed an order permitting the petitioner to proceed with the construction, which shall be subject to outcome of the writ petition. He would further contend that as the authorities disobeyed the orders passed by this court on 04.10.2023 the petitioner filed Contempt Case vide C.C.No.5879 of 2023 and in view of the contention raised by the respondent authorities that they are not interfering with the construction, the said contempt case is closed. He would further contend that again the authorities are forcing the petitioner to stop the construction. Accordingly, prayed to allow the writ petition. 4. On the other hand, Sri Subba Rao Jandhyam, learned Standing Counsel for Bobbili,Srikakulam Urban Development Authority, and Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat, submitted that the petitioner occupied panchayat land and making constructions and hence no indulgence need to be shown and the writ petition has to be dismissed. 5. Perused the material available on record and considered the submissions made by the learned counsel for the parties. 6. Vide orders dated 08.01.2025 passed in this writ petition, the petitioner is permitted to proceed with the construction and the said permission is subject to outcome of the writ petition. 7. The Contempt Case filed by the petitioner was closed recording the submission made by learned counsel for respondents that they are not interfering with the construction activity of the petitioner in the subject property. 8. The authorities, if at all feel that the petitioner is making constructions in the Government/Panchayat land or he is making constructions violating building permission or plan, they are at liberty to proceed against the petitioner in accordance with law, but they cannot resort highhanded acts. 9. In view of the above, the writ petition is disposed of, directing the authorities not to interfere with the subject property, except under due process of law. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI Dated: 3rd December, 2025. RR