MARAPATLA RAJARATNAM v. THE STATE OF ANDHRA PRADESH
WP/25392/2025 · 2025-11-05
Ravi Cheemalapati
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41038 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41038 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010496452025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY,THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 25392/2025 Between: Marapatla Rajaratnam ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. S DILIP JAYA RAM Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following order:
The short grievance of the petitioner herein is that the respondent authorities are not acting upon the correspondence dated 23.08.2025.
2. Heard Sri S.Dilip Jaya Ram, learned counsel for the petitioner and Smt Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj.
3.
Learned counsel for the petitioner in elaboration to what has been stated in the affidavit contended that, the subject property, in R.S.No.441/6 situated in Kommarapakala village, Athili Mandal, West Godavari district, is devolved upon
the petitioner and the 4th respondent(younger brother of petitioner) through Will dated 15.11.1991 executed by their father. He further submitted that the 4th respondent is planning to construct RCC building by encroaching a pathway, without any permission from the appropriate authority. He further submitted that upon an application made by the petitioner on 29.07.2025 under Right to Information Act, 2005 requesting to furnish the particulars of permission with regard to 4th respondent’s building, the 3rd respondent issued a correspondence dated 23.08.2025 stating that they have intimated the 4th respondent not to proceed with the constructions without obtaining prior permission. Despite the said correspondence dated 23.08.2025, the 4th respondent is proceeding with the construction activity and the respondent authorities are not initiating action against the same. He further submitted that unless, the respondents are
directed to act in terms of correspondence dated 23.08.2025, the petitioner would be put to great hardship. As such prayed to pass appropriate orders in that regard.
4. On the other hand, learned Assistant Government Pleader for Panchayat Raj submitted that, the authorities would consider the correspondence dated 23.08.2025 and take steps in accordance with law and prayed to pass appropriate orders in that regard.
5. Perused the record and considered the submissions of both the learned counsel.
6. Despite issuing of correspondence dated 23.08.2025 stating that the 4th respondent should not proceed with the constructions without obtaining prior permission, the 4th respondent is proceeding with the RCC building construction contrary to law, is the grievance the of the petitioner. However, the respondent authorities have stated that the authorities would consider the correspondence dated 23.08.2025 and take steps in accordance law.
7. As the relief sought by the petitioner is innocuous and no orders are being passed affecting the rights of the unofficial respondent, no notices are required to be ordered. In the said circumstances, this writ petition can be
disposed of at the admission stage itself, without inviting counter, with the following directions:
The respondent authorities are directed to take steps against the constructions made by the 4th respondent, if any made contrary to law, by following the procedure contemplated under law, as expeditiously as possible within three(03) months from the date of receipt of copy of this order.
Accordingly, the writ petition is disposed of. No costs.
Miscellaneous applications, pending if any, shall stand closed.
________________________ JUSTICE RAVI CHEEMALAPATI BRS