c: IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 11284 OF 2025 Between: Sammeta Naga Venkata Ravindra Rao, S/o Rama Rao, Aged about 41 years, Agriculturist, Vegiwada Village, Pedavegi Mandal, Eluru District Occ- (erstwhile West Godavari District). ...Petitioner / AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Panchayat Raj and Rural Development, Tadepalli, NH-16, Tadepalli Mandal, Guntur District. 3. The District Collector, Eluru, Eluru District. 4. The District Panchayat Officer, Eluru, Eluru District. 5. The Tahsildar, Pedavegi Mandal, Eluru District. 6. The Vegiwada Grama Panchayat, Rep.by its Secretary, Vegiwada Village, Pedavegi Mandal, Eluru 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, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents ^specially the action of the Respondent no.6 herein in passing Orders No. 1/2025 dated 21.04.2025 whereby the petitioner was directed to remove the R.C.C. Building constructed by the petitioner in an extent of 363 Sq. yards situated in R.S. No. 81/1, Vegiwada Village, Pedavegi Mandal, Eluru District as illegal, arbitrary, lack of jurisdiction and in violation of Articles 14, 19 and 21 of the Constitution of India and contrary to the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 and rules made thereunder and consequently set aside the orders passed by the respondent herein vide Orders No. 1/2025 dated 21.04.2025 in the interest of justice no.6 lA 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 to suspend the orders passed by the respondent no.6 herein vide orders No. 1/2025 dated 21-04-2025 in the interest of justice Counsel for the Petitioner: SRI V NITESH Counsel for the Respondents No.1, 2, 4: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondents No.3, 5: GP FOR REVENUE Respondent No.6: SRI V SAI KIRAN represented for SRI Y KOTESWARA RAO, Standing Counsel for Gram Panchayat The Court made the following: Order 1 € APHC010226892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 11284/2025 Between; 1.SAMMETA NAGA VENKATA RAVINDRA RAO,, S/0 RAMA RAO, AGED ABOUT 41 YEARS, OCC- AGRICULTURIST, VEGIWADA VILLAGE, PEDAVEGI MANDAL, ELURU DISTRICT (ERSTWHILE WEST GODAVARI DISTRICT). ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, TADEPALLI, NH-16, TADEPALLI MANDAL, GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, ELURU, ELURU DISTRICT. 4.THE DISTRICT PANCHAYAT OFFICER, ELURU, ELURU DISTRICT. 5.THETAHSILDAR, PEDAVEGI MANDAL, ELURU DISTRICT. 6.THE VEGIWADA GRAMA PANCHAYAT, REP.BY ITS SECRETARY, VEGIWADA VILLAGE, PEDAVEGI MANDAL, ELURU DISTRICT. ...RESPONDENT{S); Counsel for the Petitioner: 1.VNITESH Counsel for the Respondent{S); 2 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE The Court made the following: ORAL ORDER: Heard Sri V Nitesh, learned Counsel for the Writ Petitioner, Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj, Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue and Sri V. Sai Kiran, learned Counsel appearing on behalf of Sri Y. Koteswara Rao, learned Standing Counsel for the Gram Panchayat. The facts in the present Writ Petition would indicate that the Writ Petitioner has challenged the Partition Deed dated 08.03.2018 (Ex.P.4). One of the family members of the Writ Petitioner namely one Sri Sammeta Adi Venkata Satyanarayana Vara Prasad is arrayed as Respondent No. 14 in W.P(PIL).No.142 of 2024. The Division Bench of the Hon’ble High Court vide Order dated 19.02.2025, had passed the following Order: “3. We make it clear that the pendency of the present P.I.L shall in no way prevent the authoritiesto proceed against anybody who is found to have encroached the Gram Panchayat Land. Action be initiated and the same be taken to its logical conclusion after giving an opportunity of being heard to the concerned. 4. Be that as it may, the needful be done in three (3) weeks. Accordingly, the petition is disposed of. No order as to costs.” 2. 3. The facts would also indicate that after passing of the said Order, the Petitioner had filed a Suit bearing O.S.No.546/2024 for Declaration of Title and the consequential Permanent Injunction. The Petitioner has also filed I.A.No.168/2024. The Gram Panchayat, Vegiwada Village (Respondent No.6 herein) has also filed Written Statement in the said Suit and the Counter Affidavit in I.A.No. 168/2024 in the month of January, 2025. The Proceedings would indicate that the Official Respondents namely the Gram Panchayat is 3 actively contesting the Suit. The present Writ Petition is filed challenging the Order issued by the Gram Panchayat dated 21.04.2025 (Ex.P.1). The said Order would indicate that the Order has been passed in compliance with the directions of this Court vide Order dated 19.02.2025 in W.P(PIL).No.142 of 2024. 4. Having considered the above facts, this Court is of the considered view that the Writ Petitioner, who is the Plaintiff in O.S.No.546/202 4 and also the Applicant in I.A.No.168/2024 on the file of the learned Civil Judge (Junior Division), Eluru, ought to have approached the learned Civil Judge (Junior Division), Eluru, inasmuch as the Gram Panchayat is arrayed as Defendant No.1 and the District Panchayat Officer, Eluru, is arrayed as Defendant No.2 and that the Written Statement as well as Counter Affidavit were already filed by the Respondents therein. Since pleadings are complete in I.A.No.168/2024, it would be appropriate for the learned Civil Judge (Junior Division), Eluru, to consider the said Application and dispose of the same. The Writ Petitioner herein is given liberty to assail the impugned Order dated 21.04.2025 bearing Lr.No. 1/2025 (Ex.P.1) before the learned Civil Judge (Junior Division), Eluru, if it is not already challenged. 5. The learned Civil Judge (Junior Division), Eluru, is directed to consider and dispose of the Interlocutory Application bearing I.A.No. 168/2024 in O.S.No.546/2024 within a period of eight (8) weeks from today. Learned Counsel for the Writ Petitioner has filed an Affidavit sworn by the Petitioner on 01.05.2025. The Affidavit would indicate that the Presiding Officer has gone on Judicial training and the Interlocutory Application could not be taken up. Learned Counsel for the Writ Petitioner, on instructions, submits that the Presiding Officer is now available and has started officiating. Until the learned Civil Judge (Junior Division), Eluru, passes the Final Order in I.A.No.168/2024, there shall be a direction to maintain Status-quo obtaining as on today. 6. 4 0 With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 7. Interlocutory Applications, if any, stand closed in terms of this order. ._Sd/-P.VINOD KUMAR ASSISTANT REGISTRAR 8. //TRUE COPY// I , SECTION OFFICER 1. The Principal Secretary, State of Andhra Pradesh, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Panchayat Raj and Rural Development, Tadepalli, NH-16, Tadepalli Mandal, Guntur District. 3. The District Collector, Eluru, Eluru District. 4. The District Panchayat Officer, Eluru, Eluru District. 5. The Tahsildar, Pedavegi Mandal, Eluru District. 6. The Secretary, Vegiwada Grama Panchayat, Vegiwada Village, Pedavegi Mandal, Eluru District. 7. One CC to SRI V NITESH Advocate [OPUC] 8. Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP FOR REV'ENUE, High Court of Andhra Pradesh [OUT] Three CD Copies To 10. gsg m HIGH COURT DATED: 05/05/2025 ORDER WP.No.11284 of 2025 X 0 5 MAY 2025 ^ Currenl Secuon ^ & DISPOSING THE WP WITHOUT COSTS