APHC010237502020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15652/2020 Between: 1. A LAKSHMAIAH, S/O. SUBBAIAH AGE. 60 YEARS, CULTIVATION, R/O. KOTAPADU VILLAGE, K.AGRAHARAM POST, PONNALUR MANDAL, PRAKASAM DISTRICT 2. KATURI SINGAIAH., S/O. PEDDASUBBAIAH. AGED 60 YEARS. CULTIVATION. R/O. D.NO.3-36-6. MCKAPADU(Z). GUDIPADU. PONNALURU MANDAL. PRAKASAM DISTRICT. 3. GAJJALA TIRUPATHAIAH., S/O. VENKATASWAMY. 46 YEARS. CULTIVATION. R/O. D.NO.5-48. BALIREDDIPALEM. PONNALURU MANDAL. PRAKASAM DISTRICT. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT. PANCHAYAT RAJ DEPARTMENT. SECRETARIAT. VELAGAPUDI. GUNTUR DISTRICT . 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT. REVENUE RAJ DEPARTMENT. SECRETARIAT. VELAGAPUDI. GUNTUR DISTRICT . 3. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT. AT ONGOLE. 4. THE REVENUE DIVISIONAL OFFICER, KANDUKUR. PRAKASAM DISTRICT 5. THE TAHSILDAR, PONNALUR MANDAL. PONNALUR. PRAKASAM 2 DISTRICT 6. THE DISTRICT PANCHAYAT OFFICER, PRAKASAM DISTRICT AT ONGOLC. 7. THE MANDAL PARISHAD, DEVELOPMENT OFFICER. PONNALUR. PRAKASAM DISTRICT 8. KOTAPADU MAJOR GRAMA PANCHAYATH, PONNALUR MANDAL, PRAKASAM DISTRICT, REP BY ITS SECRETARY. ...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. one in the nature of a writ of mandamus declaring the action of the respondents Ert contemplating to construct to construct Village Secrerariat (Grarna Sachivalayam) in an extent of Ac.59.70 cents of land situated in survey No.131 of Kotapadu village. Ponnalur Mandal. Prakasam District. which is reserved and earmarked as a grazing land i.e. Pasuvula I3ailu (Pasuvula meta beedu). for grazing of cattle and other animals of the villagers. as illegal. arbitrary. contrary to law and against the Board Standing Order No. 15(4) (ii). besides being violative of Articles 14. 21 and 300A or the Constitution of India. and consequently direct the respondents not to proceed with construction of Village Secrerariat(Grama Sachivalayam) in an extent of Ac.59.70 cents of land situated in survey No.131 of Kotapadu village. Ponnalur Mandal, Prakasam District, which is reserved and earmarked as a grazing land i.e. Pasuvula Bailu (Pasuvula meta bcedu), in the interest of justice IA NO: 1 OF 2020 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 respondents not proceed with the construction of Village Secrerariat(Grama Sachivalayam) in an extent of Ac.59.70 cents of land situated in survey No.131 of Kotapadu village, Ponnalur Mandal, Prakasam District, which is reserved and earmarked as a grazing land i.e. Pasuvula Bailu (Pasuvula meta beedu) in the interest of justice and pass such other order or orders as this Hon’ble Court may IA NO: 2 OF 2020 3 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 permit the petitioners to implead respondent No.8 herein/proposed respondent Viz kotapadu is the major grampanchayat as respondent No.8 in the Writ Petition and also in all the pending IAs in the Writ Petition, in the interest 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 leave to the Petitioner/ respondent No.8 to file the counter affidavit and pass Counsel for the Petitioner(S): 1. TENEPALLI NIRANJAN Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15652/2020 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- <to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in contemplating to construct Village Secretariat (Grama Sachivalayam) in an extent of Ac.59.70 cents of land situated in survey No.131 of Kotapadu Village, Ponnalur Mandal, Prakasam District, which is reserved and earmarked as a grazing land i.e. Pasuvula Bailu (Pasuvula meta beedu), for grazing of cattle and other animals of the villagers, as illegal, arbitrary, contrary to law and against the Board Standing Order No. 15(4) (ii), besides being violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to proceed with construction of Village Secretariat(Grama Sachivalayam) in an extent of Ac.59.70 cents of land situated in survey No.131 of Kotapadu Village, Ponnalur Mandal, Prakasam District, which is reserved and earmarked as a grazing land i.e. Pasuvula Bailu (Pasuvula meta beedu), in the interest of justice and pass such other order.= 2. Heard learned counsel for the petitioners, learned Standing Counsel for respondent Nos.7 and 8 and the learned Government Pleader for the other respondents. 3. Learned counsel for the petitioners submits that the respondents are taking steps for construction of Village Secretariat in terms of G.O.Ms.No.110 dated 19.07.2019 at the respondent-Gram Panchayat at survey No.131 of Kotapadu Village, Ponnalur Mandal. He further submits that the subject land is classified as grazing land (Pasuvula Bailu), which is meant for the purpose of cattle feeding. 5 He further contended that as per Board Standing Order No.15(4) and as per the ratio laid down by this Hon’ble Court, the community land cannot be used for any other purpose without permission and without change of nature of land by the competent authority. As of now, no such conversion of nature of land was carried out by the competent authority. As such, the proposed construction of Village Secretariat is illegal and contrary to law. 4. On the other hand, learned Standing Counsel for respondent Nos.7 and 8 filed counter-affidavit, wherein it is stated that the Tahsildar of Ponnluru Mandal allotted Ac.0.60 cents for construction of Primary Health Center, Sachivalayam, Gokulam and for construction of agriculture godowns without conversion of above grazing land. Further the Gram Panchayat also passed resolution on 15.06.2020 for the above construction. 5. Learned Standing Counsel while admitting the contention of the learned counsel for the petitioners that the subject land was classified as grazing land/Government Poramboke, he further contended that as per Section 58 of the Panchayat Raj Act, 1994, the said land was vested with the Gram Panchayat. Pursuant to the rights vested with the Gram Pancahyat in respect of the grazing land/Government Poramboke, the Gram Panchayat passed resolution on 15.06.2020 for construction of Village Secretariat in the 6 land admeasuring to an extent of Ac.0.60 cents out of Ac.59.70 cents at Sy.No.131. 6. Learned Standing Counsel further submits that this Court was pleased to pass an interim order dated 14.10.2020, which is extracted hereunder: <In view of the same, there shall be an order of status- quo with regard to construction of Village Secretariat in an extent of Ac.59.70 cents in Sy.No.131, Kotapadu Village, for a period of four(4) weeks.= 7. Learned Standing Counsel further submits that in view of the interim order as extracted above, the respondents not proceeded with the construction as alleged by the petitioners. 8. Considering the submissions made by both the learned counsel and on perusal of the material placed on record, it is observed that once the land was earmarked as grazing land that is for the community purpose, the same cannot be converted without changing the nature of land by the competent authority. In view of the settled proposition of law and in view of the clear and specific instructions of the respondents that no construction was carried out in the subject land, if the respondents still intend to make any construction in the subject land, they shall proceed further after changing the nature of land by following due process of law. 7 9. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 25.09.2025 TTPPSS 8 217 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15652/2020 25.09.2025 TTPPSS