IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) | TUESDAY, THE SIXTH DAY OF MAY I TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 10990 OF 2025 Between: Deepthimahanti Mukundarao, S/o Late Apparao , Occ Agriculture Fl/o. D No 20-35 (old No 12-30) Gokavaram (V East Godavari District. aged about 69 years, and M), ■ : • ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi. Amaravati, Guntur District: 2. The Commissioner, Panchayat Raj Department, PVS Icon building, Tadepalli Guntur district. 3. The District Collector, Rajamahendravarrn, East Godavari District. 4. The District Panchayat Offiber; Rajamahendravaram, East Godavari District. 5. The Gokavaram Gram Panchayat, Rep by its Panchayat Secretary, Gokavaram village and mandattast Godavari District. 6. The Divisional Panchayat Officer, Rajamahendravaram District. 7. Animalla Somadevi, W/d. Oleti Venkata Ramana 12-16, Rednamvari Street, Gokavaram Village and Mandal East Godavari District. East Godavari Sharma, R/o. D No ...Respondents India is filed praying in the affidavit filed therewith, the High Petition under Article 226 of the Constitution of that in the circumstances stated i Court may be pleased to issue mandamus declaring the action of the Respondent No.5 in permitting the respondent to raise the construction in vacant site in an extent of 113.83 Square Yards located in Survey No.261/1 of reddnamvari strecst, Gokavaram village and mandal. East Godavari district which is belongs to-writ petitioner in spite of receiving the representation dated 29-01-2025, legal notice dated 10-02-2025 and without enquiry in to the matter and passed the endorsement by the 5threspondent dated 22-02-2025 is as illegal, arbitrary, violation of the Provisions of the under Gram Panchayat Act violation of the natural justice and Article 19(1), 21 and 300A of Constitution of India and consequentially direct the 5th Respondent not to permit any constructions by the 7th respondent in an extent ofH3.83 square yards of site in Survey No.261/1 rednamvari street, Gokavaram village and mandal. East Godavari district lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 5*'^ respondent to stop the proposed constructions by the 7‘^ respondent in vacant site in an extent of 113.83 Square Yards located iri Survey No.261/1 of, reddnamvari street, Gokavaram village and mandal. East Godavari district. Counsel for the Petitioner in the SRI. T N M RANGA RAO Counsel for the Respondents : GP FOR PANCHAYAT RAJ RURAL DEV Sri Y.Koteswara Rao, Standing Counsel The Court made the following APHC010217142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 10990/2025 Between: 1.DEEPTHIMAHANTI MUKUNDARAO, S/O LATE APPARAO ABOUT 69 YEARS, OCC AGRICULTURE FL/0. D NO 20-35 (OLD NO 12-30) GOKAVARAM (V AND M), EAST GODAVARI DISTRICT. ...PETITIONER AGED AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE COMMISSIONER, PANCHAYAT RAJ DEPARTMENT, PVS ICON BUILDING, TADEPALLI GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, RAJAMAHENDRAVARRN, EAST GODAVARI DISTRICT. 4.THE DISTRICT PANCHAYAT OFFICER, RAJAMAHENDRAVARAM EAST GODAVARI DISTRICT. 5.THE GOKAVARAM GRAM PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY, GOKAVARAM VILLAGE AND MIANDAL EAST GODAVARI DISTRICT. 6.THE DIVISIONAL PANCHAYAT OFFICER, RAJAMAHENDRAVARAM EAST GODAVARI DISTRICT. I 2 7.ANIMALLA SOMADEVI, W/0. OLETI VENKATA RAMANA SHARMA, % R/0. D NO 12-16, REDNAMVARI STREET, GOKAVARAM VILLAGE AND MANDAL EAST GODAVARI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.T N M RANGA RAO Counsel for the Respondent(S): 1 .GP FOR PANCHAYAT RAJ RURAL DEV 2.KVRAGHU VEER The Court made the following ORAL ORDER: Heard Sri T.N.M. Ranga Rao, learned Counsel for the Writ Petitioner; Sri V. Sai Kiran, learned Counsel appearing on behalf of Sri Y. Koteswara Rao, learned Standing Counsel for ZPPs, MPPs and Gram Panchayat; Ms. D. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and Rural Development and Sri K.V. Raghuveer, learned Counsel for the Unofficial Respondent No.7. 2. The present Writ Petition is filed challenging the Endorsement passed by the Panchayat Secretary, Gram Panchayat, Gokavaram, Gokavaram Mandal, dated 22.02.2025 (Ex.P.2), which indicates that the Panchayat Secretary opined that the dispute between the Writ Petitioner and the Unofficial Respondent No.7 is of civil nature and that they can execute only an Order issued by the Civil Court. 3. Sri K.V. Raghuveer, learned Counsel for the Unofficial Respondent No.7 would submit that the land in which the present construction is taking place belongs to him and that the Gram Panchayat has already considered his house plan and granted permission. He would submit that while the construction was under process, the Writ Petitioner has approached this Court and obtained an Order of Status-quo. He would also submit that the Writ 3 Petitioner does not have any right to interfere or seek any Order against his property. 4. It is the submission of the learned Counsel for the Writ Petitioner that the Unofficial Respondent No.7 has encroached into a part of his land and had undertaken constructions. 5. Having regard to these facts, this Court is of the considered opinion that the issue subsisting between the Writ Petitioner and the Unofficial Respondent No.7 is purely a private dispute, and therefore, the Writ Petitioner ought not to have invoked the public law remedy by filing the present Writ Petition. 6. The Writ Petitioner ought to have approached the Civil Court to establish his right over the property. The view expressed by the Panchayat Secretary, vide the impugned Endorsement dated 22.02.2025 (Ex.P.2), in the opinion of this Court is the correct approach and that the Writ Petitioner is well advised to pursue his legal remedies before appropriate Forum, this, the present Writ Petition is devoid of any merit. Accordingly, the Writ Petition is dismissed. No Order as to Costs. -iVl" i'i- ■ 7. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR In view of //TRUE COPY// N OFFICER SE To, 1. One CC to SRI T N M RANGA RAO Advocate [OPUC] 2. One CC to Sri Y.Koteswara Rao, Standing Counsel tOPUC] 3. Two CCS to GP FOR PANCHAYAT RAJ RURAL DEV .High Court Of Andhra Pradesh [OUT] 4. Three CD Copies Ksr (gsg) ksr HIGH COURT DATED:06/05/2025 ORDER g 2 3 SEP 2025 , Current Section WP.No.10990 of 2025 m DISMISSING THE WRIT PETITION WITHOUT COSTS