APHC010371512020 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT::THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. MUPPARAJU CHANDRA RAO,, S/O. PAPAIAH, AGE 56 YEARS, R/O. EAST VEERAYAPALEM VILLAGE, DARSI MANDAL, PRAKASAM DISTRICT. 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR AND EXECUTIVE MAGISTRATE, PRAKASAM DISTRICT AT ONGOLE. 3. THE DISTRICT PANCHAYATH OFFICER, ONGOLE, PRAKASAM DISTRICT. 4. THE TAHSILDAR, DARSI MANDAL, PRAKASAM D 5. THE MANDAL DEVELOPMENT OFFICER, MANDAL PRAJA PARISHAD, DARSI 6. THE VILLAGE REVENUE OFFICER, EAST VEERAYAPALEM VILLAGE, DARSI MANDAL, PRAKASAM DISTRICT. 7. THE PANCHAYAT SECRETARY, EAST VEERAYAPALEM VILLAGE, 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE ::THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 24745/2020 MUPPARAJU CHANDRA RAO,, S/O. PAPAIAH, AGE 56 YEARS, R/O. EAST VEERAYAPALEM VILLAGE, DARSI MANDAL, PRAKASAM ...PETITIONER AND THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR AND EXECUTIVE MAGISTRATE, PRAKASAM DISTRICT AT ONGOLE. THE DISTRICT PANCHAYATH OFFICER, ONGOLE, PRAKASAM THE TAHSILDAR, DARSI MANDAL, PRAKASAM DISTRICT. THE MANDAL DEVELOPMENT OFFICER, MANDAL PRAJA , DARSI MADNAL, PRAKASAM DISTRICT. THE VILLAGE REVENUE OFFICER, EAST VEERAYAPALEM VILLAGE, DARSI MANDAL, PRAKASAM DISTRICT. THE PANCHAYAT SECRETARY, EAST VEERAYAPALEM VILLAGE, RC,J W.P.No.24745 of 2020 IN THE HIGH COURT OF ANDHRA PRADESH [3332] THURSDAY,THE THIRTIETH DAY OF OCTOBER ::THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI MUPPARAJU CHANDRA RAO,, S/O. PAPAIAH, AGE 56 YEARS, R/O. EAST VEERAYAPALEM VILLAGE, DARSI MANDAL, PRAKASAM ...PETITIONER THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR AND EXECUTIVE MAGISTRATE, THE DISTRICT PANCHAYATH OFFICER, ONGOLE, PRAKASAM ISTRICT. THE MANDAL DEVELOPMENT OFFICER, MANDAL PRAJA THE VILLAGE REVENUE OFFICER, EAST VEERAYAPALEM THE PANCHAYAT SECRETARY, EAST VEERAYAPALEM VILLAGE, RC,J W.P.No.24745 of 2020 2 DARSI MANDAL, PRAKASAM DISTRICT. 8. THE ASSISTANT ENGINEER, PANCHAYAT RAJ DEPARTMENT, DARSI MANDAL, PRAKASAM 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 to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of respondents in constructing the Grama-Sachivalayam Building on the cart track road (Bunch Dad) in Sy.No.166/1 situated at East Veerayapalem Vintage, Darsi Mandal of Prakasam District obstructing the ingress and egress to the petitioner land in Sy.No.166/2 admeasuring Ac.0-62 cents situated at East Veerayapalem Villlage, Darsi Mandal of Prakasam District., as illegal, arbitrary and unconstitutional,. and consequently direct the respondents not to construct the Grama-Sachivalayam Building on the cart track road (Bandi Dui) in Sy.No.166/1 situated at East Veerayapalem Village, Darsi Mandal of Prakasam District. IA NO: 1 OF 2020 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 grant stay of construction of Grama-Sachivalayam Building on the cart track road (Bandi Dari) in Sy.No.166/1 situated at East Veerayapalem Villlage, Darsi Mandal of Prakasam District. IA NO: 1 OF 2021 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 vacate the interim order granted on 05-01-2021 passed in W.P.No.24745/2020 and dismiss the Writ Petition. Counsel for the Petitioner: 1. MADHAVA RAO NALLURI RC,J W.P.No.24745 of 2020 3 Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following: RC,J W.P.No.24745 of 2020 4 ORDER This writ petition has been filed questioning the action of the respondent authorities in attempting to construct Grama Sachivalayam in the site earmarked as cart track situated in Survey No.166/1 of East Veerayapalem Village, Darsi Mandal, Prakasam District. 2. Heard Sri Madhava Rao Nalluri, learned counsel for the petitioner, and Sri M.Sudheer, learned Standing Counsel for Gram Panchayat and Ms.Naga Chandrika, learned Assistant Government Pleader for Revenue. 3. Sri M.Sudheer, learned standing counsel, while placing on record the written instructions of Tahsildar, Darsi Mandal, submitted that alternative land in Survey No.132-4 of East Veerayapalem village has been identified for construction of Grama Sachivalayam and since the proposal for construction of Grama Sachivalayam in the subject site has been dropped, this writ petition is liable to be dismissed. 4. In response, Sri Madhava Rao Nalluri, learned counsel for petitioner, submitted that the authorities have constructed foundation in the subject site and unless the said foundation is removed, the subject site is not useful to be used as a cart track and therefore prayed to direct the authorities to remove the foundation laid in the subject site. RC,J W.P.No.24745 of 2020 5 5. In reply, learned Standing counsel submitted that the authorities would remove the foundation. 6. In view of the above, since the authorities have dropped the proposal of construction of Grama Sachivalayam in the subject site, which is classified as cart track, and as they have identified another site for the said purpose and as they undertook to remove the foundation laid in the subject site, this writ petition can be disposed of. 7. Accordingly, this writ petition is disposed of, directing respondent authorities to remove the foundation laid in the subject cart track as expeditiously as possible, at any rate not later than six (06) weeks 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 RR