APHC010328112020 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: 21754/2020 Between: 1. UPPE SURYANARAYANA,, S/O CHINNAKRISHNA, AGED 58 YEARS, MALE, OCC. AGRICULTURE LABOUR, R/O. D.NO.1-52, AMBEDKAR COLONY, PASIVEDALA VILLAGE, KOVVURU MANDAL, W.G. DT. 2. P. JAGANNADHAM,, S/O P.CHINA VENKANNA, AGED 54 YEARS, MALE, OCC. LABOUR WORK. R/O. D.NO.1-17/1, AMBEDKAR COLONY, PASIVEDALA VILLAGE, KOVVURU MANDAL, W.G. DT. 3. K.MANMOHAN,, S/O ESHAIAH, AGED 36 YEARS, MALE, OCC. AGRICULTURE LABOUR, R/O. D.NO.1-72, AMBEDKAR COLONY, PASIVEDALA VILLAGE, KOVVURU MANDAL, W.G. DT. 4. RAYUDU VENKATA RAO, S/O PEDA VENKANNA, AGED 68 YEARS, MALE, OCC. AGRICULTURE LABOUR. R/O. D.NO.1-55, AMBEDKAR COLONY, PASIVEDALA VILLAGE, KOVVURU MANDAL, W.G. DT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS. PRINCIPAL SECRETARY, PANCHAYATIRAU DEPT., SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, ELURU, WEST GODAVARI DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, KOVVURU DIVISION, W.G. DIST. 4. THE TAHSILDHAR, KOVVURU MANDAL, W.G. DISTRICT. 2 5. THE MANDAL DEVELOPMENT OFFICER, KOVVURU MANDAL, W.G.DIST. 6. THE PASIVEDALA GRAMAPANCHAYATI, REP. ITS SECRETARY, PASIVEDALA VILLAGE, KOVVURU MANDAL W.G.DIST. ...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 or order or a direction more particularly in a nature of writ of MANDAMUS declaring the action of the respondents in proposing to constructing the Grama Ward Sachivalayam building in the land in an extent of Ac.0-27 cts in R.S. Nos. 118-2 which is set apart for play ground , communal purpose of the Ambedkar Colony situated in Pasivedala Village, Kovvuru Mandal, West Godavari District ( which is classified as Gramakantam), by changing the classification / nature of the land from Gramakantam to Government assessed waste as illegal, arbitrary and contrary to instructions of the Director of Town and Country Planning in Roc.No. MAU03-19022/(31)/13/2020-RJDR-12, dt.29-06-2020 violation of articles 14, 21 and 300-A of constitution of India and also violative of principles of natural justice and consequently direct the respondents to stop any constructions in the above communal site and to 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 Direct the respondents not to proceed for Construction of the Grama ward Sachivalayam building in the land in R.S.No. 118-2, in an extent of Ac. 0-27 cents set apart as communal/play ground for Ambedkar colony people situated in Pasivedala Village, Kovvuru Mandal, West Godavari District ( which is classified as Gramakantam ) pending disposal of the writ petition and to pass IA NO: 1 OF 2021 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 vacate the interim orders granted on 02.12.2020 in WP.No. 21754/2020 and dismiss the writ petition Counsel for the Petitioner(S): 3 1. RAMAKRISHNA AKURATHI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21754/2020 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 proposing to constructing the Grama Ward Sachivalayam building in the land in an extent of Ac.0.27 cts in R.S.No.118-2 which is set apart for play ground, communal purpose of the Ambedkar Colony situated in Pasivedala Village, Kovvuru Mandal, West Godavari District (which is classified as Gramakantam), by changing the classification/nature of the land from Gramakantam to Government assessed waste as illegal, arbitrary and contrary to instructions of the Director of Town and Country Planning in Roc.No.MAU03- 19022/(31)/13/2020-RJDR-12, dated 29.06.2020 violation of articles 14, 21 and 300-A of Constitution of India and also violative of principles of natural justice and consequently direct the respondents to stop any constructions in the above communal site and pass such other order.” 2. Heard learned counsel for the petitioners, learned Standing Counsel for respondent Nos.5 and 6 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 at the respondent-Gram Panchayat at R.S.No.118-2, Pasivedala Village, Kovvuru Mandal. He further submits that the subject land is classified as community site-cum-play ground, which is meant for the purpose of conducting cultural programmes, meetings, tournaments 5 etc. 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.5 and 6 filed counter-affidavit, wherein it is stated that the subject site is not a play ground and it is a gramakantam site. It is further stated that one year back in the subject site, the Gram Panchayat constructed shed for establishing the Village Secretariat. The petitioners never raised any objection. 5. Learned Standing Counsel further contended that as per Section 58 of the Panchayat Raj Act, 1994, the subject land was vested with the Gram Panchayat. Pursuant to the rights vested with the Gram Pancahyat in respect of the gramakantam site/Government Poramboke land, the Gram Panchayat proposed for construction of Village Secretariat in the subject land. 6. Learned Standing Counsel further submits that in view of the interim order granted by this Court, the respondents not proceeded with the construction as alleged by the petitioners. 6 7. 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 community land/play ground 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 at the subject land, if the respondents still intend to make any construction at the subject land, they shall proceed further after changing the nature of land by following due process of law. 8. 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 7 218 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21754/2020 25.09.2025 TTPPSS