Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 4345 (AP)

A .Murali Mohan Babu, v. The state of Andhra Pradesh,

WP/1722/2025 · 2025-01-27

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 1722 OF 2025 Between: nd A .Murali Mohan Babu, S/o .(Late) A. Krishnaiah, R/o. D.No.19-12-588, 2 floor, S. V. Nilayam, 0pp.to Padmavathi Park, Bairagipatteda, Tirupati town Tirupati District, Andhra Pradesh. ...PETITIONER AND 1. The state of Andhra Pradesh, Rep.by its PrI. Secretary Panchayat Raj Department, Velagapudi, Andhra Pradesh. 2. The District Panchayat Officer, Tirupati District. 3. The Divisional Panchayat Officer, Tirupati Division, Tirupati District. 4. Avilala Gram Panchayat, Rep. by its Secretary, Tirupati Rural Mandal, Tirupati District. 5. The Sarpanch, Avilala Village, Tirupati Rural Mandal, Tirupati District. ...RESPONDENTS 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 of Mandamus or any other appropriate writ, Qr^er or direction, declaring the action of the respondents 4 and 5 in issuing the notice dated 28.12.2024 to the petitioner without having jurisdiction and manner of right to the petitioner land in admeasuring 236.20sq.m in Sy. No. 480/IF, ward no. 8, Avilala Gram Panchayat, Tirupati rural Mandal, Tirupati district, as illegal, arbitrary and unconstitutional and violation of Provisions of A.P. Panchayat Raj Act, 1994 and Articles 14, 21 and 300-A of Constitution of India and T consequently set aside the notice date on 28.12.2024 issued by the respondents. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased may be pleased to direct the Respondents not to interfere in the construction activity in respect of the Petitioners house in Sy. No. 480/IF, ward no.8, 236.20 sq. meters in Avilala Grama panchayat, Tirupati rural Mandal, Tirupati district, pending disposal of the above writ petition. Counsel for the Petitioner : SRI RAYALA BHAGYA RAJA Counsel for the Respondent Nos.1 to 3 : GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent Nos.4 & 5 : SRI M. SUDHIR, SC FOR GRAM PANCHAYAT The Court made the following: ORDER \ APHC010031102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 1722/2025 Between: ...PETITIONER A .Murali Mohan Babu, AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. RAYALA BHAGYA RAJA Counsel for the Respondent(S): 1 .GP FOR PANCHAYAT RAJ RURAL DEV 2 The Court made the following order:- This Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:- "...to issue a Writ of Mandamus or any other appropriate writ, order or direction, declaring the action of the respondents 4 and 5 in issuing the notice dated 28.12.2024 to the petitioner without having jurisdiction and manner of right to the petitioner land in admeasuring 236.20sq.m in Sy.No.480/IF, Ward No.8, Avilala Tirupati Rural Mandal, Tirupati District, as illegal, arbitrary and unconstitutional and violation of Provisions of A.P.Panchayat Raj Act, 1994 and Articles 14, 21 and 300- A of Constitution of India and consequently set aside the notice date on 28.12.2024 issued by the respondents and pass such other order or orders...” Gram Panchayat, Heard learned counsel for the petitioner and learned counsel for the respondents. 2. The 4**^ respondent by exercising the powers conferred under Section 100(1)(2), Section 121 of Schedule VIII Section 271 of the Andhra Pradesh Panchayat Raj Act, 1994, issued notice dated 28.12.2024, directing the petitioner to submit all registered documents along with blue print samples, with regard to the property situated in Survey No.480/2, 394/4, 393, L.P.No.:20/G1/91 belonging to Triupati Rural Mandal, Avila Gram Panchayat, within a period of three days. Assailing the said notice, the present writ petition is filed. 3. I 4. When this Court posed a question to the learned counsel for the petitioner that, whether any explanation was offered to the 4'^ respondent, he submits that explanation was offered. However, the same was not filed along with the writ petition. 5. Therefore, without going into merits of the case, the petitioner is directed to submit fresh explanation to the notice dated 28.12.2024, within a period of one week from today. On receiving such explanation, the 4'^ respondent is directed to examine the same and pass appropriate orders, in accordance with law and communicate the decision to the petitioner, as expeditiously as possible. Till such time, respondents are directed not to take any coercive steps against the subject property. 6. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous Petitions pending, if shall stand closed. any. Sd/- M.SURYANADHA REDDY DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER 2. The District Panchayat Officer, Tirupati District. 3. The Divisional Panchayat Officer, Tirupati Division Panchayat, Tirupati Rural Mandal, Tirupati 5. The Sarpanch, Aviiala Viilage, Tirupati Rurai Mandal 6. One CC to Sri Rayala Bhagya Raja, Advocate [OPUC] Indh“prade°sh.?Ouir'’"''"'® 8. One CC to Sri M, Sudhir, SC for Gram 9. Three C.D. Copies. To, Andhra Pradesh. Tirupati District. Tirupati District. Development, High Court of Panchayat (OPUC) Cnr HIGH COURT DATED:27/01/2025 ORDER WP.No.1722 of 2025 DISPOSING THE W.P. WITHOUT COSTS