APHC010192642025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 10080/2025 Between: 1. GONDI PARANDHAMAIAH, S/O BABU RAJENDRARAO, AGED ABOUT 55 YEARS, MALE, OCCUPATION CULTIVATION, RESIDENT OF D.NO.2-100, DAVAJUGUDEM, BUDDAVARAM GANNAVARAM 521101, KRISHNA DISTRICT. (MOBILE NO.9490743593) 1. THE STATE OF SECRETARY. DEPARTMENT OF PANCHAYAT RAJ, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DIVISIONAL PANCHAYAT OFFICER, GUDIVADA DIVISION, GUDIVADA-521301, KRISHNA DISTRICT. 3. THE BUDDAVARAM GRAM PANCHAYAT, REPRESENTE PANCHAYAT SECRETARY, GANNAVARAM MANDAL KRISHNA DISTRICT. 4. THE DISTRICT COLLECTOR, COLLECTOR OFFICE, KRISHNA DISTRICT, MACHILIPATNAM 5. THE REVENUE DIVISIONAL OFFICER, GUDIVADA DIVISION, GUDIVADA-521301, KRISHNA DISTRICT. 6. THE MANDAL REVENUE OFFICER, GANNAVARAM MANDAL, GANNAVARAM- 521101, KRISHNA DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 10080/2025 GONDI PARANDHAMAIAH, S/O BABU RAJENDRARAO, AGED ABOUT 55 YEARS, MALE, OCCUPATION CULTIVATION, RESIDENT 100, DAVAJUGUDEM, BUDDAVARAM GANNAVARAM 521101, KRISHNA DISTRICT. (MOBILE NO.9490743593) ...PETITIONER AND THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY. DEPARTMENT OF PANCHAYAT RAJ, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. THE DIVISIONAL PANCHAYAT OFFICER, GUDIVADA DIVISION, 521301, KRISHNA DISTRICT. THE BUDDAVARAM GRAM PANCHAYAT, REPRESENTE PANCHAYAT SECRETARY, GANNAVARAM MANDAL KRISHNA DISTRICT. THE DISTRICT COLLECTOR, COLLECTOR OFFICE, KRISHNA DISTRICT, MACHILIPATNAM- 5210002. THE REVENUE DIVISIONAL OFFICER, GUDIVADA DIVISION, 521301, KRISHNA DISTRICT. THE MANDAL REVENUE OFFICER, GANNAVARAM MANDAL, 521101, KRISHNA DISTRICT. ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE FOURTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI GONDI PARANDHAMAIAH, S/O BABU RAJENDRARAO, AGED ABOUT 55 YEARS, MALE, OCCUPATION CULTIVATION, RESIDENT 100, DAVAJUGUDEM, BUDDAVARAM GANNAVARAM- 521101, KRISHNA DISTRICT. (MOBILE NO.9490743593) ...PETITIONER AP, REPRESENTED BY ITS PRINCIPAL SECRETARY. DEPARTMENT OF PANCHAYAT RAJ, SECRETARIAT, THE DIVISIONAL PANCHAYAT OFFICER, GUDIVADA DIVISION, THE BUDDAVARAM GRAM PANCHAYAT, REPRESENTED BY ITS PANCHAYAT SECRETARY, GANNAVARAM MANDAL-521101, THE DISTRICT COLLECTOR, COLLECTOR OFFICE, KRISHNA THE REVENUE DIVISIONAL OFFICER, GUDIVADA DIVISION, THE MANDAL REVENUE OFFICER, GANNAVARAM MANDAL, ...RESPONDENT(S): 2 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 writ, order or direction, more particularly one in the nature of writ of Mandamus, declaring an action of the respondents more particularly respondent No.3 issued impugned speaking order bearing ROC.No.25/2022, dated.21.03.2025 is illegal, arbitrary, unconstitutional and violation of the sections. 15(2)(3) 16 of the A.P.Survey and boundaries Act, 1923 violation of principles of natural justice violation of Article 14 of the Constitution of India violation of sections. 13(1 ) 58(2) of the Andhra Pradesh Panchayat Raj Act, 1994 violation of the sections.270 283 of the Bharatiya Nyaya Sanhita, 2023 and violation of rule 4 of G.O.Ms.No.188Panchayat raj and rural development(pts.lV) department dated.21.07.2011 and to set a-side the impugned speaking order dated.21.03.2025 and consequently to direct the respondents not to interfere in any way with the peaceful possession and enjoyment of the petitioners agricultural land bearing R.S.No.4-7, admeasuring Ac.0.46 cents of Buddavaram village, Gannavaram mandal, Krishna District pending disposal of the writ petition and pass IA 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 interfere in any way with the peaceful possession and enjoyment of the petitioner’s agricultural land bearing R.S.No.4-7, admeasuring Ac.0.46 cents of Buddavaram village, Gannavaram mandal, Krishna District pending disposal of the writ petition and pass Counsel for the Petitioner: 1. MULLAPUDI SATYANARAYANA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 3 The Court made the following order: Questioning the speaking order passed by respondent No.3 bearing ROC No.25/2022, dated 21.03.2025, the present Writ Petition is filed. 2. Heard Sri Mullapudi Satyanarayana, learned counsel for the petitioner, Ms Chandrika, learned Assistant Government Pleader for Panchayat Raj Department appearing for respondent Nos.1, 2, 4 to 6 and Sri Y.Koteswara rao, learned standing counsel for Gram Panchayat appearing for respondent No.3. 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that the petitioner is the absolute owner of the agricultural land admeasuring Ac.0.46 cents situated in R.S.No.4-7 of Buddavaram Village, Gannavaram Mandal, Krishna District by virtue of D-Form patta. Respondent No.6 has issued a pattadar pass book in his favour with regard to subject land and the petitioner has been regularly paying land tax to the concerned authorities. The petitioner has also availed crop loan on the said land. He further submits that on 23.03.2025, respondent No.3 came to the subject land and directed him to vacate the same. He further submits that without following the due process of law, respondent No.3 has passed the impugned speaking order dated 21.03.2025. Aggrieved by the same, the present Writ Petition has been filed. 4 4. On the other hand, learned standing counsel for Gram Panchayat submits that the petitioner has an effective alternative remedy of filing an appeal before the Gram Panchayat against the speaking order passed by the Panchayat Secretary under Section 128 of the Andhra Pradesh Panchayat Raj Act, 1994. The petitioner, without availing the said remedy, filed the present Writ Petition. Hence, prayed to dismiss the Writ Petition. 5. Perused the record and considered the submissions made by learned counsel for the parties. 6. Having considered the rival submissions and the material placed on record, this Court is of the view that where an efficacious alternative remedy is available under Section 128 of the Andhra Pradesh Panchayat Raj Act, 1994, interference under Article 226 of the Constitution of India is not warranted. In the present case, the Petitioner, without questioning the impugned speaking order before the Gram Panchayat, has filed the present Writ Petition. Hence, this Court deems it appropriate to dispose of the Writ Petition with the following directions: The petitioner, if desires, can file an appeal before the Gram Panchayat in accordance with Section 128 of the Andhra Pradesh Panchayat Raj Act, 1994 within a period of two (2) weeks from today and the Gram Panchayat shall consider and dispose of the appeal in accordance with law, after affording an opportunity of personal hearing to the petitioner and pass a reasoned order at the 5 earliest. Till such exercise is completed, status quo as on today shall be maintained by both the parties with respect to the subject property. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI 04.11.2025 MP 6 176 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.10080 OF 2025 04.11.2025 MP