APHC010642252025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 33166/2025 Between: 1. KOTHAPU MUNI REDDY,, S/O. MUNI REDDY, AGED ABOUT YEARS, OCC PRESIDENT, WATER USERS ASSOCIATION LINGALAKUNTA TANK,R/O. SOMESWARAPURAM VILLAGE, TAMBALLAGONDI GRAM PANCHAYAT, ATLUR MANDAL YSR KADAPA DISTRICT 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDING VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT PANCHAYAT OFFICER, YSR KADAPA DISTRICT, KADAPA. 3. THE TAHSILDAR, ATLUR MANDAL, YSR KADAPA DISTRICT. 4. THE TAMBALLAGONDI GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, TAMBALLAGONDI VILLAGE, ATLUR MANDAL, YSR KADAPA DISTRICT. 5. GONTU VISHNU KANTH, S/O. VENKATAIAH, AGED ABOUT 38 YEARS, OCC SCHOL CORRESPONDENT, LITTLE FLOWER SCHOOL, MAHABOOBNAGAR CO 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 33166/2025 KOTHAPU MUNI REDDY,, S/O. MUNI REDDY, AGED ABOUT YEARS, OCC PRESIDENT, WATER USERS ASSOCIATION LINGALAKUNTA TANK,R/O. SOMESWARAPURAM VILLAGE, TAMBALLAGONDI GRAM PANCHAYAT, ATLUR MANDAL YSR KADAPA DISTRICT ...PETITIONER AND OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDING VELAGAPUDI, GUNTUR DISTRICT. THE DISTRICT PANCHAYAT OFFICER, YSR KADAPA DISTRICT, THE TAHSILDAR, ATLUR MANDAL, YSR KADAPA DISTRICT. THE TAMBALLAGONDI GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, TAMBALLAGONDI VILLAGE, ATLUR MANDAL, YSR KADAPA DISTRICT. GONTU VISHNU KANTH, S/O. VENKATAIAH, AGED ABOUT 38 YEARS, OCC SCHOL CORRESPONDENT, LITTLE FLOWER SCHOOL, MAHABOOBNAGAR COLONY, BADVEL TOWN, YSR RC,J W.P.No.33166 of 2025 IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI KOTHAPU MUNI REDDY,, S/O. MUNI REDDY, AGED ABOUT YEARS, OCC PRESIDENT, WATER USERS ASSOCIATION LINGALAKUNTA TANK,R/O. SOMESWARAPURAM VILLAGE, TAMBALLAGONDI GRAM PANCHAYAT, ATLUR MANDAL YSR ...PETITIONER OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT THE DISTRICT PANCHAYAT OFFICER, YSR KADAPA DISTRICT, THE TAHSILDAR, ATLUR MANDAL, YSR KADAPA DISTRICT. THE TAMBALLAGONDI GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, TAMBALLAGONDI VILLAGE, ATLUR GONTU VISHNU KANTH, S/O. VENKATAIAH, AGED ABOUT 38 YEARS, OCC SCHOL CORRESPONDENT, LITTLE FLOWER LONY, BADVEL TOWN, YSR RC,J W.P.No.33166 of 2025 2 KADAPA DISTRICT. ...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 a writ or order more particularly one in the nature writ of mandamus or an appropriate writ or order declaring the inaction of the respondents 3 and 4 in preventing the 5th respondent in making illegal construction by encroaching the vagu land in Sy. No. 49, of Tamballagondi village, Atlur Mandal, YSR Kadapa District, as illegal, arbitrary and unconstitutional and consequently direct the respondents 3 and 4 to remove the illegal construction in the vagu land, 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 pleased to direct the respondents 3 & 4 to prevent the 5th respondent in making illegal construction in vagu land in Sy. No. 49, of Tamballagondi village, Atlur Mandal, YSR Kadapa District, and remove the same, pending disposal of the writ petition Counsel for the Petitioner: 1. KOTI REDDY IDAMAKANTI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: RC,J W.P.No.33166 of 2025 3 ORDER Questioning the inaction of the respondent nos. 3 and 4 in preventing respondent no.5 from making illegal constructions by encroaching the vagu land in Survey No,.49 of Tamballagondi village, Atlur Mandal, YSR Kadapa District, this writ petition has been filed. 2. Heard Sri I.Koti Reddy, learned counsel for the petitioner, Sri Mattegunta Sudheer, learned Standing Counsel for Gram Panchayat, and Ms.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj. 3. Sri M.Sudheer, learned Standing Counsel, by placing on record the written instructions of the Panchayat Secretary, Tamballagondi Gram Panchayat, would submit that the authorities having found that respondent no.5 was making construction of house without permission, the Gram Panhayat issued a notice on 19.11.2025 asking him to obtain permission and as respondent no.5 proceeded on with construction, another notice dated 02.12.2025 was issued and the Gram Panchayat would take action against the illegal construction being made by respondent no.5 in accordance with law. 4. Sri I.Koti Reddy, learned counsel for petitioner, submitted that this writ petition may be disposed of, recording the contents of the written instructions and the submissions made by learned Standing Counsel. RC,J W.P.No.33166 of 2025 4 5. In view of the above, this writ petition can be disposed of. As no adverse orders affecting the interest and rights of respondent no.5 are being passed, issuing notice to respondent no.5 and keeping the matter pending inviting his counter would be unnecessary. 6. Accordingly, this writ petition is disposed of, directing the authorities to take action against the unauthorized construction being made by respondent no.5, strictly in accordance with law and intimate the same in writing to the petitioner. The entire exercise shall be completed within a period of three (03) months from the date of receipt of copy of this order. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI DATED: 5TH DECEMBER, 2025. RR