APHC010287312020 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: 18983/2020 Between: 1. KONDRI APPALA NAIDU,, S/O APPA RAO, AGED ABOUT 26 YEARS, OCC SHEPHERD, R/ O. VIJAYARAMPURAM @ BURIPETA VILLAGE, THERLAM MANDAL, VIZIANAGARAM DISTRICT 2. KONDRI SATYAM,, S/O K. RAMAYYA, AGED ABOUT 52 YEARS, OCC SHEPHERD, R/O. VIJAYARAMPURAM @ BURIPETA VILLAGE, THERLAM MANDAL, VIZIANAGARAM DISTRICT 3. YELISI SURYANARAYANA,, S/O APPAYYA, AGED ABOUT 52 YEARS, OCC SHEPHERD, R/O. VIJAYARAMPURAM @ BURIPETA VILLAGE, THERLAM MANDAL, VIZIANAGARAM DISTRICT 4. KONDRI NARAYANAMMA,, W/O SURYANARAYANA, AGED ABOUT 38 YEARS, OCC SHEPHERD, R/O. VIJAYARAMPURAM @ BURIPETA VILLAGE, THERLAM MANDAL, VIZIANAGARAM DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER, PANCHAYAT RAJ DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH TADEPALLI, GUNTUR DISTRICT 2 3. THE DISTRICT COLLECTOR CUM DISTRICT PROGRAMME COORDINATOR, MGNREGS-AP, VIZIANAGARAM DISTRICT,VIZIANAGARAM 4. THE SUPERINTENDING ENGINEER, P.R, VIZIANAGAIAM, VIZIANAGARAM DISTRICT 5. THE PROJECT DIRECTOR, DWMA, VIZIANAGARAM DISTRICT, VIZIANAGARAM 6. THE CHIEF EXECUTIVE OFFICER, ZILLA PRAJA PARISHAD, VIZIANAGARAM DISTRICT 7. THE DISTRICT PANCHAYAT OFFICER, VIZIANAGARAM DISTRICT, VIZIANAGARAM 8. THE EXECUTIVE ENGINEER, PRI DIVISION, PARVATHIPURAM, VIZIANAGARAM DISTRICT 9. THE TAHSILDAR, THERLAM MANDAL, VIZIANAGARAM DISTRICT 10. THE MANDAL PRAJA PARISHAD DEVELOPMENT OFFICER, THERLARN MANDAL, VIZIANAGARAM DISTRICT 11. THE THALLAVALASA GRAM PANCHAYAT, THALLAVALASA VILLAGE, LAVERU MANDAL, SRIKAKULAM DISTRICT REP. BY ITS PANCHAYAT. SECRETARY/ PERSON-IN-CHARGE ...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 of mandamus or any other appropriate writ or direction declaring the action of the respondents No. 3 to 11 herein in proposing to construct 1) Village Secretariat Building/ Grama Sachavalayam Building, 2) Rythu Barosa Kendram and 3) Health Sub-centre/Wellness Centre in the petitioner's Gosala sites situated in Sy No. 4-3 to an extent of Ac 0.04 cents each petitioner in total Ac 0.16 cents of Vijayarampuram @ Buripeta Village, 'Therlam Mandal, Vizianagaram District, without issuing any notice, without following due process of law as illegal, arbitrary, against the principles on natural justice and consequently direct the respondents No. 3 to 11 not to dispossess the petitioners from their Gosala sites/ sheds situated in Sy No. 4-3 to an extent of Ac 0.04 cents each petitioner in total Ac 0.16 cents 3 of . Vijayarampuram @ Buripeta Village, Therlarn Mandal, Vizianagaram District and pass 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 stay of all further proceedings including construction of 1) Village Secretariat Building/Grama Sachavalayam Building, 2) Rythu Barosa Kendram and 3) Health Sub-centre/Wellness Centre in the petitioner’s Gosala sites/sheds situated in Sy No. 4-3 to an extent of Ac 0.04 cents each petitioner in total Ac 0.16 cents of Vijayarampuram @ Buripeta Village, Therlam Mandal, Vizianagaram District, pending disposal of the writ petition. Counsel for the Petitioner(S): 1. TADDI NAGESWARA RAO Counsel for the Respondent(S): 1. KOTI REDDY IDAMAKANTI (SC FOR ZPP MPP AND GRAM PAN) 2. GP FOR REVENUE The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18983/2020 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 respondent Nos.3 to 11 herein in proposing to construct 1) Village Secretariat Building/ Grama Sachavalayam Building, 2) Rythu Barosa Kendram and 3) Health Sub- centre/Wellness Centre in the petitioner's Gosala sites situated in Sy.No.4-3 to an extent of Ac.0.04 cents each petitioner in total Ac.0.16 cents of Vijayarampuram @ Buripeta Village, Therlam Mandal, Vizianagaram District, without issuing any notice, without following due process of law as illegal, arbitrary, against the principles on natural justice and consequently direct the respondent Nos.3 to 11 not to dispossess the petitioners from their Gosala sites/ sheds situated in Sy.No.4-3 to an extent of Ac.0.04 cents each petitioner in total Ac.0.16 cents of Vijayarampuram @ Buripeta Village, Therlam Mandal, Vizianagaram District and pass such other order.” 2. Heard learned counsel for the petitioners, learned Standing Counsel for respondent No.10 and the learned Government Pleader for the other respondents. 3. Learned counsel for the petitioners submits that the petitioners were granted Goshala site admeasuring to an extent of Ac.0.04 cents each in Sy.No.4-3 of Buripeta @ Vijayarampuram Village, Therlam Mandal, Vizianagaram District vide patta Nos.160/2018, 161/2018, 162/2018 and 179/2018. While so, the 3rd respondent issued proceedings granting administrative sanction for 5 construction of the Village Secretariat, Rythu Barosa Kendram and wellness center/health sub-center at the subject land and the respondents are trying to dispossess the petitioners from the subject property. Hence, the Writ Petition. 4. Learned Standing Counsel for respondent No.10 filed counter-affidavit, wherein it is stated that the Government sanctioned the building for the Village Secretariat, Rythu Barosa Kendram and Wellness Centers. But, the respondents have not finalized the site where the proposed buildings are to be constructed. Further it is stated that the petitioners are the encroachers of the land in Sy.No.4-3 which was classified as Gramakantam land. The Panchayat Secretary as well as the Revenue Authorities are taking necessary steps to evict the encroachers, by following the procedure, as contemplated under the law. 5. Considering the submissions made by both the learned counsel and on perusal of the material placed on record, this Court deems it appropriate to dispose of the Writ Petition directing the respondents, if the respondents intend to dispossess the petitioners and construct the Village Secretariat, Rythu Barosa Kendram and Wellness Center in the subject land, they shall follow due process of law. 6 6. 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 7 232 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18983/2020 25.09.2025 TTPPSS