APHC010249092023 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: 13096/2023 Between: 1. TALAPAKULA LENIN BABU, S/O. MUSALAYYA, AGED 37 YEARS, D.NO.8-122, KOTHAPETA COMMITTEE HALL STREET, PALAKODERU GARUVU, PALAKODERU (V) 86 (M), WEST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI, GUNTUR DIST. 2. PALAKODERU VILLAGE GRAMPANCHAVAT, REPRESENTED BY ITS PANCHAYAT SECRETARY. PALAKODERU VILLAGE AND MANDAL. WEST GODAVARI 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 of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring the action of the 2nd Respondent in threatening and trying to demolish the western pial portion of 2 thatched house of the Petitioner, situated in 1 1/2 cent in RS.No.140/4 of Palakoderu village and Mandal, West Godavari District is without notice, illegal and arbitrary and violate the fundamental rights guaranteed under the Constitution, apart from Article 14, 21 and 300-A of the Constitution of India consequently directing the 2nd Respondent not to interfere with the possession and enjoyment of the Petitioner house situated in 1 1/2 cent land in RS.No.140/4, situated at Palakoderu village and Mandal, West Godavari District, pending disposal of the above Writ Petition and 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 be pleased to directing the 2nd Respondent not to interfere with the possession and enjoyment of the Petitioner house situated in 1 1!2 cent land in RS.No.140/4, situated at Palakoderu village and Mandal, West Godavari District, pending disposal of the above Writ Petition; and pass Counsel for the Petitioner: 1. K K DURGA PRASAD Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following ORDER: Challenging the action of the 2nd respondent in threatening and trying to demolish the western pial portion of thatched house of the petitioner, situated in Sy.No.140/4 of Palakoderu Village 3 and Mandal, West Godavari District, without following due process of law, the present writ petition is filed. 2. Heard Sri K. Durga Prasad, learned counsel for the petitioner and Sri Y. Koteswara Rao, learned Standing Counsel for the Gram Pancahyat. 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, submitted that when the respondent authorities, without issuing any notice and without following due process of law, tried to demolish the western pail portion of the petitioner’s thatched house in order to lay a CC road, the present writ petition has been filed. This Court, by order dated 11.05.2023, granted status-quo to be maintained existing as on that day in respect of the subject property. He further submitted that the respondent authorities, in their counter affidavit at Para-6, have categorically stated that they are not interfering with the petitioner’s property. As such, he requested to record the said submissions and prayed to dispose of the writ petition treating the interim order as final order. 4. Learned Standing Counsel for Gram Panchyat, on counter, submitted that they are not interfering with the subject property, as alleged by the petitioner in the writ petition. He further 4 submitted that the Gram Panchayat, after conducting a survey, is proposing to lay a CC road by leaving the subject portion. As such, prayed to dismiss the writ petition. 5. A perusal of the counter affidavit filed by the respondent No.2, particularly Para No.6, would go to show that the authorities are not interfering with the petitioners’ property and that the Gram Panchayat, after conducting a survey, is proposing to lay a CC road by leaving the subject portion 6. Considering the above submissions and stand taken by the respondent authorities in the counter affidavit, there is nothing for adjudication in the present writ petition and is liable to be closed. 7. Accordingly, the Writ Petition is closed. 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: 03.12.2025 ANS 5 381 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 13096/2023 Date: 03.12.2025 ANS