APHC010575192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 30038/2025 Between: 1. KUNDRAPU BRAHMAM, S/O. SANYASI, AGED ABOUT 52 YEARS, OCCUPATION AGRICULTURE, D.NO 8-63-1, VADISALERU VILLAGE, RANGAMPETA MANDAL PEDDAPURAM, EAST GODAVARI. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT,VELAGAPUDI, GUNTUR DISTRICT. 2. THE TAHSILDAR, RANGAMPETA MANDAL, PEDDAPURAM, EAST GODAVARI. 3. THE DISTRICT PANCHAYAT OFFICER, PEDDAPURAM, EAST GODAVARI. 4. THE VADISALERU GRAM PANCHAYT, REP. BY ITS PANCHAYT SECRETARY, VADISALERU VILLAGE, RANGAMPETA MANDAL, PEDDAPURAM, EAST GODAVARI. 2 5. VIYYAPU VEERABHADRA RAO, S/O. APPARAO, AGED ABOUT 41 YRS. OCCUPATION AGRICULTURE, R/O D.NO. 8-9, VADISALERU VILLAGE, RANGAMPETA MANDAL, PEDDAPURAM EAST GODAVARI. 6. VIYYAPU SAI RAMAKRISHNA, S/O. NAGESWARA RAO, AGED ABOUT 24 YEARS. OCCUPATION AGRICULTURE, R/O D.NO. 8-77, VADISALERU VILLAGE, RANGAMPETA MANDAL, PEDDAPURAM, EAST GODAVARI. ...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 pleased to issue an appropriate order, writ or direction, one in the nature of writ of mandamus, declaring the high-handed action and arbitrary action of the official respondents in allowing the illegal constructions in subject property of site admeasuring 84 sq. yards forming part of the suit schedule property i.e., Ac 0.17 cents of land out of the total land an extent of Ac. 4.51 cents in R. S No. 766/1 with D No. 8-134, of Vadisaleru Village, Rangampeta Mandal, Peddapuram Sub-Registry, East Godavari, pending adjudication of the civil dispute before the learned Civil Judge (Junior Division), Peddapuram, with an attempt to disposes the petitioner herein and without putting petitioner herein on notice and without affording an opportunity of hearing and further without following procedure established by law as illegal, arbitrary, unjust and violative of fundamental and constitutional rights guaranteed under the Articles, 14, 19, 21 and 300 - A of The Constitution Of India and consequently declare the inaction on part of the staff and officers of 3rd and 4th Respondents, in allowing the unofficial respondents to illegally construct in the subject property of84 sq. yards forming part of the suit schedule property admeasuring Ac 0.17 cents of land out of the total land an extent of Ac. 4.51 cents in R. S No. 766/1 with D No. 8-134, of Vadisaleru Village, Rangampeta Mandal, Peddapuram Sub- 3 Registry, East Godavari, pending civil dispute as illegal, arbitrary, unjust and violative of fundamental and constitutional rights guaranteed under the Articles 14, 19, 21 and 300 - A of The Constitution Of India and further to direct the 3rd and 4th Respondents to stop the illegal constructions forthwith in the subject property of84 sq. yards forming part of the suit schedule property admeasuring Ac 0.17 cents of land out of the total land an extent of Ac. 4.51 cents in R. S No. 766/1 with D No. 8- 134, of Vadisaleru Village, Rangampeta Mandal, Peddapuram Sub- Registry, East Godavari, and further direct the 3rd and 4th Respondents to consider the representations (PGRS Complaints) dated 30.06.2025, 13.10.2025 and 10.03.2025 for removal of the encroachments after conducting survey in the subject property of 84 sq. yards forming part of the suit schedule property admeasuring Ac 0.17 cents of land out of the total land an extent of Ac. 4.51 cents in R. S No. 766/1 with D No. 8-134, of Vadisaleru Village, Rangampeta Mandal, Peddapuram Sub- Registry, East Godavari, in the interests of justice and pass 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 grant stay of all further proceedings pending adjudication of the civil dispute on the file of the learned Civil Judge, (Junior Division), Peddapuram after duly consideration of the complaints dated:30.06.2025, 13.10.2025 and 10.03.2025 to stop the illegal constructions forthwith in the subject property of84 sq. yards forming part of the suit schedule property admeasuring Ac 0.17 cents of land out of the total land an extent of Ac. 4.51 cents in R. S No. 766/1 with D No. 8-134, of Vadisaleru Village, Rangampeta Mandal, Peddapuram Sub-Registry, East Godavari, pending disposal of the above writ petition, and pass IA NO: 2 OF 2025 4 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 official respondents more particularly the 3rd and 4th Respondents to stop the illegal constructions forthwith in the subject property of84 sq. yards forming part of the suit schedule property admeasuring Ac 0.17 cents of land out of the total land an extent of Ac. 4.51 cents in R. S No. 766/1 with D No. 8- 134, of Vadisaleru Village, Rangampeta Mandal, Peddapuram Sub- Registry, East Godavari, pending disposal of the above writ petition, and pass Counsel for the Petitioner: 1. M SRI ATCHYUT Counsel for the Respondent(S): 1. T D PANI KUMAR 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. GP FOR REVENUE The Court made the following ORDER: Declaring the action of the respondents in allowing illegal construction being carried out by unofficial respondent Nos.5 & 6, without any approved plan, by encroaching a portion of the petitioner’s and the Gram Panchayat land situated in R.S.No.766/1 of Vadisaleru Village, Rangampeta Mandal, Peddapuram Sub-Registry, East Godavari, pending the civil dispute, as illegal and arbitrary, the present writ petition is filed. 5 2. Heard Sri M. Sri Atchyut, learned counsel for the petitioner, Sri T.D. Pani Kumar, learned counsel for respondent Nos.5 & 6, Sri Y. Koteswara Rao, learned Standing Counsel for Gram Panchayat, Ms. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and Sri M. Chandra Sekhar, learned Assistant Government Pleader for Revenue. 3. Learned counsel for the petitioner, while reiterating the contents of the affidavit, submitted that respondent Nos.5 & 6, without obtaining any approved building plan from the authority concerned, are illegally carrying out construction of permanent structures by encroaching upon a portion of the petitioner’s land. Despite the petitioner bringing it to the notice of the respondent authorities by way of several representations, no action has been taken. He further submitted that if such highhanded action is allowed to continue, it will affect the rights of the petitioner. As such, prayed to pass appropriate orders protecting the interest of the petitioner. 4. Sri T.D. Phani Kumar, learned counsel for the unofficial respondents, submitted that the petitioner cannot invoke the jurisdiction of this Court under Article 226 of Constitution of India 6 and file a writ petition, inasmuch as the petitioner has already approached the civil Court and got filed suit vide O.S.No.114 of 2025 on the file of the Junior Civil Judge, Peddapuram, against the very same subject property, and that no injunction has been granted in favour of the petitioner. As such, the writ petition is not maintainable and deserves to be dismissed. 5. On the other hand, learned Standing counsel for Gram Panchayat, on written instructions, submitted that the unofficial respondents have never encroached the Gram Panchayat property and no constructions are being carried out as alleged by the petitioner and that no building permission has been granted so far. The writ petition is devoid of merits and is liable to be dismissed. Accordingly, prayed to dismiss the writ petition. 6. Perused the record and considered the submissions made by the respective counsel. 7. The main grievance of the petitioner is that unofficial respondent Nos.5 & 6 are illegally carrying out construction of permanent structures by encroaching a portion of the petitioner’s land as well as the Gram Panchayat land, without obtaining requisite permission from the competent authority. As rightly 7 contended by the learned Standing Counsel, there are no encroachments in the Gram Panchayat land, as alleged by the petitioner. So far, no building permission has been granted and in fact, no construction has been carried out by respondent Nos.5 & 6. It is not in dispute that the petitioner has already approached the competent civil Court and filed suit vide O.S.No.114 of 2025 on the file of the Junior Civil Judge, Peddapuram, against the very same subject property. In these facts and circumstances of the case, this Court, without going into the merits and demerits of the case, is inclined to dispose of the writ petition by passing the following order: (a) The petitioner shall pursue his remedies before the competent civil Court, if he feels that his property has been encroached by unofficial respondent Nos.5 & 6. (b) If any construction has been made by respondent Nos.5 & 6 without obtaining any building plan, it is needless to mention that the Gram Panchayat concerned shall take steps in accordance with law. (c) The observation made in this writ petition should not come in the way of the trial Court while dealing with the suit. 8 9. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any, in the Writ Petition, shall also stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI Date: 02.12.2025 ANS 9 310 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 30038/2025 Date: 02.12.2025 ANS