APHC010100192023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 5085/2023 Between: 1. KAKUTURU RAVINDRA REDDY, S/O. VIJAYA MOHAN REDDY, AGED ABOUT 55 YEARS, R/O.MUTTUKURU VILLAGE AND MANDAL, SPSR NELLORE DISTRICT ...PETITIONER AND 1. THE GOVERNMENT OF AP, PANCHAYAT RAJ DEPARTMENT, REP BY ITS PRINCIPAL SECRETARY, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT. 3. THE DISTRICT PANCHAYAT OFFICER, , SPSR NELLORE DISTRICT 4. THE MANDAL DEVELOPMENT OFFICER, MUTTUKUR MANDAL PRAJAPARISHAD, MUTTUKUR, SPSR NELLORE DISTRICT. 5. THE EXECUTIVE OFFICER, MUTTUKUR GRAMPANCHAYAT, MUTTUKUR, SPSR NELLORE 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 the respondents in trying to make constructions in the approach road in front of the petitioner's shop rooms bearing Door Nos. 1-366-1, 1-366-2, 1-366-3 and 1-366-4, situated at 2 Muttukur village and Mandal, SPSR Nellore District as illegal, arbitrary, one without jurisdiction and violation of Article 300-A of the Constitution of India and consequently direct the respondents not to make construction of shop rooms in the 25 feet width road portion out of 40 feet width approach road in front of the petitioner's shop rooms bearing Door Nos. 1-366-1, 1-366-2, 1- 366-3 and 1-366-4, situated at Muttukur village and Mandal, SPSR Nellore District and also direct the respondents to remove the fence erected by blocking the 25 feet width of existing 40 feet approach road and clear all obstructions in 40 feet approach road pass IA NO: 1 OF 2023 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 direct the respondents to remove the fence erected by blocking the 25 feet width of existing 40 feet approach road and clear all obstructions in 40 feet approach road, pending disposal of the above Writ petition and pass IA NO: 2 OF 2023 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 direct the respondents not to make construction of shop rooms in the 25 feet width road portion out of 40 feet width approach road in front of the petitioner's shop rooms bearing Door Nos. 1-366¬1, 1-366-2, 1-366-3 and 1-366-4, situated at Muttukur village and Mandal, SPSR Nellore District, pending disposal of the above Writ petition and pass Counsel for the Petitioner: 1. C SUBODH Counsel for the Respondent(S): 1. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 2. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 3 ORDER: Declaring the action of the respondents in trying to make constructions in the approach road in front of the petitioner’s shops bearing Dr.Nos.1-366-1, 1-366-2, 1-366-3 and 1-366-4 situated at Muttukur Village and Mandal, SPSR Nellore District, as illegal, arbitrary, present writ petition is filed. 2. Heard Sri C.Subodh, learned counsel for the petitioner and Smt.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj for the respondents. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that the respondents are trying to make constructions in the subject property in the approved road and in front of the petitioner’s shops. He further submitted that if the said action is allowed to continue, it affects the livelihood of the petitioner, as such, prayed to pass appropriate orders protecting the interest of the petitioner. 4. On the other hand, learned Assistant Government Pleader for Panchayat Raj on instructions submitted that a permanent injunction with regard to the subject property has been granted by the trial Court in the suit filed by the petitioner. Again, he approached this Court by way of this writ petition. The said fact was also admitted in the writ affidavit. The writ petition is devoid of merits and liable to be dismissed, accordingly, prayed to dismiss the writ petition. 5. A perusal of the affidavit filed in support of the writ petition would indicate that earlier when the respondents tried to obstruct the petitioner from 4 using the subject land, the petitioner filed O.S.No.508/2008 on the file of I Additional Senior Civil Judge, Nellore, for permanent injunction. The trial Court, on 26.11.2015 granted permanent injunction restraining the 5th respondent from making any construction in the subject road. Thereafter, for the very same relief, the petitioner filed the present writ petition. Such parallel proceedings seeking identical reliefs should be deprecated. This Court is not inclined to entertain this kind of writ petitions. The writ petition is frivolous and devoid of merits and liable to be dismissed with exemplary costs, however, this Court by taking a lenient view, is inclined to dismiss the writ petition without any costs. 6. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 03rd December, 2025 RKS