KUNCHALA VEERA BRAHMAIAH v. THE STATE OF ANDHRA PRADESH
WP/25052/2023 · 2025-12-01
Ravi Cheemalapati
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48233 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48233 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010482792023
IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 25052/2023 Between:
1. KUNCHALA VEERA BRAHMAIAH, S/O. VEERAIAH, AGED ABOUT 45 YEARS, OCC STEET BUSINESS, R/O. DOOR NO. 8 WATER TANK,
VADDERAPALEM, SANTHANUTHALAPADU VILLAGE 85 MANDAL, PRAKASAMA DISTRICT
1. THE STATE OF SECRETARY, PANCHAYATH RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, , PRAKASAM DISTRICT, ONGOLE. 3. THE DISTRICT PANCHAYATH OFFICER, ONGOLE, PRAKASAM DISTRICT. 4. THE DIVISIONAL PANCHAYATH OFFICER, ONGOLE, PRAKASAM DISTRICT. 5. THE JOINT DIRECTOR OF AGRICULTURE, ONGOLE, PRAKASAM DISTRICT. 6. THE MANDAL DEVELOPMENT OFFICER, , SANTHANUTHALAPADU MANDAL, PRAKASAM DISTRICT. 7. THE EXTENSION OFFICER, SANTHANUTHALAPADU MANDAL, PRAKASAM DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 25052/2023 KUNCHALA VEERA BRAHMAIAH, S/O. VEERAIAH, AGED ABOUT 45 YEARS, OCC STEET BUSINESS, R/O. DOOR NO. 8 WATER TANK,
VADDERAPALEM, SANTHANUTHALAPADU VILLAGE 85 MANDAL, PRAKASAMA DISTRICT-523225 ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, , PRAKASAM DISTRICT, ONGOLE. THE DISTRICT PANCHAYATH OFFICER, ONGOLE, PRAKASAM THE DIVISIONAL PANCHAYATH OFFICER, ONGOLE, PRAKASAM THE JOINT DIRECTOR OF AGRICULTURE, ONGOLE, PRAKASAM THE MANDAL DEVELOPMENT OFFICER, , SANTHANUTHALAPADU MANDAL, PRAKASAM DISTRICT. THE EXTENSION OFFICER, (PR AND RD), SANTHANUTHALAPADU MANDAL, PRAKASAM DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3332] TUESDAY,THE SECOND DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI KUNCHALA VEERA BRAHMAIAH, S/O. VEERAIAH, AGED ABOUT 45 YEARS, OCC STEET BUSINESS, R/O. DOOR NO. 8-145, NEAR WATER TANK,
VADDERAPALEM, SANTHANUTHALAPADU 523225 ...PETITIONER ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, , PRAKASAM DISTRICT, ONGOLE. THE DISTRICT PANCHAYATH OFFICER, ONGOLE, PRAKASAM THE DIVISIONAL PANCHAYATH OFFICER, ONGOLE, PRAKASAM THE JOINT DIRECTOR OF AGRICULTURE, ONGOLE, PRAKASAM THE MANDAL DEVELOPMENT OFFICER, , SANTHANUTHALAPADU MANDAL, PRAKASAM DISTRICT. (PR AND RD), SANTHANUTHALAPADU MANDAL, PRAKASAM DISTRICT. 8. THE TAHSILDAR, SANTHANUTHALAPADU MANDAL, PRAKASAMA DISTRICT. 9. THE SANTHANUTHALAPADU GRAMA PANCHAYATH, REP. BY ITS PANCHAYATH SECRETARY, SANTHANUTHALAPADU VILLAGE AND MANDAL, PRAKASAM DISTRICT. 10. THE SYNDICATE FORMERS SERVICE COOPERATIVE SOCIETY LTD, SANTHANUTHALAPADU,
REP.BY ITS MANAGING DIRECTOR, NANTHANUTHALAPADU VILLAGE AND MANDAL, PRAKASAM 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No. 2 to 9 not considering the petitioner representations dated 11.09. 2023 and 16.09.2023 whereas respondent No.10 constructing the Society building by encroaching 9th respondent property in an extent of Ac.0.07 cents in Sy. No. 988/1 situated at Santhanuthalapadu Village as illegal, arbitrary, unjust, and violative of Articles 14, and 21 of the Constitution of Indiaand consequently directing the Respondent No.2 to 9 to consider the petitioner representations dated 11.09.2023 and 16.09.2023 to take necessary action with regard to encroachment public land in an extent of Ac. 0.07 cents in Sy.No. 988/1 situated at Snthanuthalapadu Village 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 pleased to direct the Respondent No.2 to 9 to consider the petitioner representations dated 11.09.2023 and 16.09.2023 to take necessary action with regard to encroachment public land in an extent of Ac. 0.07 cents in Sy.No. 988/1 situated at Snthanuthalapadu Village and pass Counsel for the Petitioner:
1. KALE VIJAYA RAJU Counsel for the Respondent(S):
1. GP FOR REVENUE
2. GP FOR PANCHAYAT RAJ RURAL DEV
3. GP FOR AGRICULTURE
4. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following:
ORDER
This writ petition is filed questioning the inaction of the respondent authorities in not considering the representations submitted by the petitioner dated 11.09.2023 and 16.09.2023 to the effect that respondent no.10 is constructing society building by encroaching property of respondent no.9 in an extent of AC.0-07 cents in Survey No.988/1 situated at Santhanuthalapadu Village. 2.
Despite served with notice respondent no.10 did not choose to make his appearance through any counsel nor appeared personally. The matter is of the year 2023. The matter underwent nearly eight (08) adjournments since then. However, the respondent authorities did neither chose to file counter affidavit nor place any instructions on record. Hence, there is no purpose in keeping this writ petition pending and the same can be disposed of, giving necessary directions to the authorities to consider and dispose of the representations submitted by the petitioner and take necessary action, if the allegations leveled therein are found true. 3. Accordingly, the writ petition is disposed of, directing the concerned authority to consider and dispose of the representations submitted by the petitioner dated 11.09.2023 and 16.09.2023. If the allegations leveled therein are found true, necessary action shall be initiated in accordance with law by issuing notices to the concerned and providing an opportunity of being heard. If the allegations are found not correct, the same shall be intimated to the
petitioner in writing. The entire exercise shall be completed as expeditiously as possible, at any rate, not later than three (03) months from the date of receipt of copy of this order. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI Dated: 2nd December, 2025. RR