APHC010601342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY,THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 31413/2025 Between: 1. NIMMAGADDA RAMA KRISHNA, S/O- SEETA RAMAIAH, AGED ABOUT 48 YEARS, R/O- D NO- 2-97, MULAPADU, NTR DISTRICT, ANDHRA PRADESH, 521185 ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT , SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE MULAPADU GRAMA PANCHAYAT, REP BY ITS SECRETARY, MULAPADU, NTR DISTRICT. 3. THE TAHSILDAR, IBRAHIMPATNAM MANDAL, MULAPADU. 4. NIMMAGADDA RAJESH, S/O- SATYANARAYANA, AGED ABOUT 43 YEARS, R/0- MULAPADU, NTR DISTRICT. 5. NIMMAGADDA VENKATA NAGA RAJU, S/O- VENKATA KRISHNA, AGED ABOUT 33 YEARS, R/O- MULAPADU NTR DISTRICT. 6. NALLURI VAMSI KRISHNA, S/O- MADHU BABU, AGED ABOUT 28 YEARS, R/O- GUNTUPALLI, NTR 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, Order or Direction more particularly one in 2 the nature of Writ of Mandamus to declare the action of the Respondents No. 2 and 3 in not initiating any action by preventing the Respondent No. 4 to 6 from making further illegal construction even in spite of submitting the representation dated 15-10-2025 by the Petitioner as arbitrary, illegal and consequently direct the Respondents No.2 and 3 to prevent the Respondent No. 4 to 6 from making illegal construction in Sy.No 35/13C to the extent Ac. 0.27 Cents and remove the illegal structures radsed by the Respondents No. 4 to 6 in the interest of justice. 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 No.2 and 3 to prevent the Respondent No.4 to 6 from making further construction in Sy.No 35/13C to the extent Ac. 0.27 Cents pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner: 1. BOGGAVARAPU RAHUL Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3 The Court made the following ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents No. 2 and 3 in not initiating any action by preventing the Respondent No. 4 to 6 from making further illegal construction even in spite of submitting the representation dated 15-10-2025 by the Petitioner as arbitrary, illegal and consequently direct the Respondents No.2 and 3 to prevent the Respondent No. 4 to 6 from making illegal construction in Sy.No 35/13C to the extent Ac. 0.27 Cents and remove the illegal structures raised by the Respondents No. 4 to 6 in the interest of justice.….” 2. The petitioner is in possession and enjoyment of Ac.0.27 cents of land in Sy.No.35/13C. Although the ancestral properties were partitioned, the subject land was retained as joint property and has been enjoyed by all the brothers. The grievance of the petitioner in the present writ petition is that respondent Nos.4 to 6 who are the brothers have undertaken to construct an unauthorized construction in an extent of Ac.0.27 cents in Sy.No.35/13C without any sanction from the 2nd respondent. Accordingly, the petitioner submitted a representation dated 15.10.2025 to respondent Nos.2 and 3, requesting to take appropriate action as against the respondent Nos.4 to 6. As no action has been initiated against the respondent Nos.4 to 6, the present writ petition is filed. 4. Heard Sri V.Sai Sri Krishna, representing Sri B.Rahul, learned counsel for the petitioner and learned Standing Counsel appearing for the respondent No.2. 4 5. Today, when the matter came up for hearing, learned Standing Counsel representing respondent No.2 furnished a copy of instructions dated 14.11.2025, from the Panchayat Secretary, Grama Panchayat, Mulapadu, wherein it is stated that the Grama Panchayat has not accorded any permission to anybody to make any constructions. However, it is nowhere stated as to whether any orders have been passed on the representation dated 15.10.2025 made by the petitioner. 6. In view of the same, without going into the merits, this writ petition is disposed of with a direction to respondent No.2 to consider the representation dated 15.10.2025 made by the petitioner and pass appropriate orders in accordance with law within a period of two (2) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. __________________ JUSTICE V.SUJATHA MH 14.11.2025 5 THE HONOURABLE SMT JUSTICE V.SUJATHA 21 WRIT PETITION NO: 31413/2025 14.11.2025 MH