APHC010329902023 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 16890/2023 Between: 1. PULLA POSU BABU, S/O VEERA VENKATA SATYANARAYANA, AGED ABOUT 34 YEARS, OCC. BUSINESS, R/O. D.NO. 2 LUMARRU (V), PERAVALLI (M), EAST GODAVARI DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINISTRY OF PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 2. THE COMMISSIONER OF PANCHAYAT RAJ, GOVERNMENT OF ANDHRA PRADESH, 0/O TADEPALLI, GUNTUR. 3. THE DISTRICT COLLECTOR, EAST GODAVARI RAJAMAHENDRAVARAM. 4. THE DISTRICT PANCHAYAT OFFICER, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 5. THE DIVISIONAL PANCHAYAT OFFICER, KOVVURU, EAST GODAVARI DISTRICT. 6. THE MANDAL PARISHAD DEVELOPMENT OFFICER, PERAVALLI (M), EAST GODAVARI 7. THE USULUMARRU GRAMA PANCHAYAT, REP. BY ITS SECRETARY, PERAVALLI MANDAL, EAST GODAVARI 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: 16890/2023 PULLA POSU BABU, S/O VEERA VENKATA SATYANARAYANA, AGED ABOUT 34 YEARS, OCC. BUSINESS, R/O. D.NO. 2 LUMARRU (V), PERAVALLI (M), EAST GODAVARI DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINISTRY OF PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. THE COMMISSIONER OF PANCHAYAT RAJ, GOVERNMENT OF ANDHRA PRADESH, 0/O TADEPALLI, GUNTUR. THE DISTRICT COLLECTOR, EAST GODAVARI RAJAMAHENDRAVARAM. THE DISTRICT PANCHAYAT OFFICER, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. THE DIVISIONAL PANCHAYAT OFFICER, KOVVURU, EAST GODAVARI DISTRICT. THE MANDAL PARISHAD DEVELOPMENT OFFICER, PERAVALLI (M), EAST GODAVARI DISTRICT. THE USULUMARRU GRAMA PANCHAYAT, REP. BY ITS SECRETARY, PERAVALLI MANDAL, EAST GODAVARI DISTRICT. ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE SECOND DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI PULLA POSU BABU, S/O VEERA VENKATA SATYANARAYANA, AGED ABOUT 34 YEARS, OCC. BUSINESS, R/O. D.NO. 2-60, USU LUMARRU (V), PERAVALLI (M), EAST GODAVARI DISTRICT. ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINISTRY OF PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, THE COMMISSIONER OF PANCHAYAT RAJ, GOVERNMENT OF THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, THE DISTRICT PANCHAYAT OFFICER, RAJAMAHENDRAVARAM, THE DIVISIONAL PANCHAYAT OFFICER, KOVVURU, EAST THE MANDAL PARISHAD DEVELOPMENT OFFICER, PERAVALLI THE USULUMARRU GRAMA PANCHAYAT, REP. BY ITS SECRETARY, PERAVALLI MANDAL, EAST GODAVARI DISTRICT. ...RESPONDENT(S): 2 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, nor particularly one in the nature of Writ of Mandamus to declaring the action -1th part of the respondents herein more particularly secretary of the Grama Panchayat / Respondent No.7 without following the due process of law / not conduct the survey / not permitting the petitioner to construct the compound wall by refused to receive the application along with plan in survey No. 128.1 an extent of 90 Sq yard situated at Usulumarru Village Peravalli Mandal East Godavari District as illegal arbitrary and violative of article 14, 16, 19 and 300A of the Constitution of India and consequentially direct the respondents to conduct the survey in R.S. No. 128/1 an extent of 90 Sq yard of the petitioner as per the urgent notice of the Grama Panchayat by receiving the application with plan of approval with construction of compound wall, and to 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 to direct the respondents to conduct the survey 128/1 an extent of 90 Sq yard as per the letter of the Grama Panchayat / 7th Respondent by received the application with plan for approval of construction of compound wall around the site of the petttioner R.S. No. 128/1 an extent of 90 Sq yards situated at Usulumarru Village Peravalli Mandal of East Godavari District, pending disposal of the above writ petition to pass Counsel for the Petitioner: 1. BOKKA SATYANARAYANA KAMLA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 3 The Court made the following order: The grievance of the petitioner is that without following the due process of law, without conducting a survey and not permitting the petitioner to construct the compound wall and refusing to receive the petitioner’s application along with plan in respect of the land bearing survey No.128/1 admeasuring 90 sq yards situated at Usulumarru village, Peravali Mandal, East Godavari District. 2. Heard Sri Bokka Satyanarayana, learned counsel for the petitioner, Smt D.Chandrika, learned Assistant Government Pleader for Panchayat Raj, Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue and Sri Y.Koteswararao, learned standing counsel for Gram Panchayat . 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that the petitioner is the absolute owner of the schedule property, having purchased the same by way of a registered sale deed dated 18.05.2023. After the purchase, the petitioner intended to erect a compound wall around the site and accordingly started its construction. However, the Gram Panchayat officials along with the police came to the petitioner’s site and stopped the construction of the compound wall. Pursuant to the same, the Panchayat Secretary measured the property in the presence of the petitioner and found that the petitioner is in rightful possession and enjoyment of the site and that there is no encroachment upon any Gram Panchayat land by the petitioner. Despite the same, the Gram Panchayat has not permitted the petitioner to construct a compound wall around the subject 4 property. The petitioner issued a legal notice dated 07.06.2023 to the Gram Panchayat, however, there has been no response till date. He further submitted that the petitioner made a complaint dated 26.05.2023 before the authorities stating that as per the directions of the Gram Panchayat, he had submitted the documents relating to site to the Village Revenue Officer and surveyor for conducting a survey. They assured the petitioner that the survey would be conducted and boundary stones would be erected within three days, however, no action was initiated by the authorities thereafter. Hence, prayed to pass appropriate orders protecting the interest of the petitioners. 4. On the other hand, learned standing counsel for Gram Panchayat, while reiterating the contents of the counter affidavits of respondent Nos.6 and 7, contended that as per section 121 of the AP Panchayat Raj Act, 1994, an application for construction of a compound wall must be made to the Panchayat Secretary and that the Mandal Praja Parishad Officer has no role to play in granting permission for such construction, since the said power is vested to the concerned Gram Panchayat. He further submitted that the petitioner started constructing the compound wall without obtaining prior permission from the Gram Panchayat and had also encroached upon a portion of the grama kantam land vested in the Gram Panchayat. In view of the constructions, the Gram Panchayat issued a notice dated 28.05.2023 stating that a resolution has been passed to conduct a survey and that a request had been made to the Mandal Revenue Officer to carry out the survey. The petitioner was directed not to proceed with the construction of the 5 compound wall till the completion of the survey. Pursuant to the notice and resolution, the Mandal Surveyor conducted a survey in the presence of the petitioner and the Gram Panchayat and submitted a report dated 13.06.2023. Since the said report is incomplete with regard to the actual demarcation of the subject land, the Gram Panchayat proposed to apply for a resurvey and to take further steps in accordance with law. Hence, prayed to dismiss the Writ Petition. 5. Perused the record and considered the submissions made by learned counsel for the parties. 6. The contention of the petitioner is that the respondent authorities are not permitting the petitioner to construct the compound wall around his house. In the counter, respondent No.7 categorically stated that as per the documents of the petitioner and the gram panchayat, there exists an extent of 181 sq yards in the subject site, however, there is only an extent of 142 sq yards present in the subject site and stated that it is not possible to affix the boundaries. Hence, the Gram Panchayat will apply for resurvey and they will take further steps in accordance with law subject to resurvey report. 7. Taking the submissions of both the learned counsel into consideration and in view of the fact that the Gram Panchayat will apply for resurvey and will take further steps in accordance with law subject to resurvey, this Court, without going into the merits of the case, is inclined to dispose of the Writ Petition with the following direction: 6 The Gram Panchayat is directed to take steps to consider the case of the petitioner as per the rules in vogue as expeditiously as possible. 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 02.12.2025 MP 7 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.16890 of 2023 02.12.2025 MP