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2025 DAILYLAW 50588 (AP)

BOYALAPALLI KONDAIAH v. THE STATE OF AP

WP/23121/2023 · 2025-12-21

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010447502023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 23121/2023 Between: 1. BOYALAPALLI KONDAIAH, S/O YESAIAH, HINDU, AGED ABOUT 30 YEARS, R/O KANKANALAPALLI VILLAGE AND POST, TRIPURANTHAKAM MANDAL, PRAKASHAM DISTRICT. 2. BOMMANABOINA VEERANJANEYULU,, S/O VENKATA CHELAMAIAH, HINDU, AGED ABOUT 37 YEARS, R/O KANKANALAPALLI VILLAGE AND POST, TRIPURANTHAKAM MANDAL, PRAKASHAM DISTRICT. 3. BILADUGU NAGA RAJU,, S/O KOTAIAH, HINDU, AGED ABOUT 74 YEARS, R/O KANKANALAPALLI VILLAGE AND POST, TRIPURANTHAKAM MANDAL, PRAKASHAM DISTRICT. 4. PONNEBOINA LAKSHMINARAYANA,, S/O CHINNA RAJAIAH, HINDU, AGED ABOUT 46 YEARS, R/O KANKANALAPALLI VILLAGE AND POST, TRIPURANTHAKAM MANDAL, PRAKASHAM DISTRICT. ...PETITIONER(S) AND 2 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, PRAKASHAM DISTRICT, ONGOLE. 4. THE REVENUE DIVISIONAL OFFICER, MARKAPURAM DIVISION, PRAKASHAM DISTRICT. 5. THE DISTRICT PANCHAYAT OFFICER, ONGOLE, PRAKASHAM DISTRICT. 6. THE TAHSILDAR, TRIPURANTHAKAM MANDAL, PRAKASHAM DISTRICT. 7. THE GRAMA PANCHAYAT OF KANKANALAPALLI, REP BY ITS SECRETARY, KANKANALAPALLI VILLAGE, TRIPURANTHAKAM MANDAL, PRAKASHAM 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, Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in proposing to construct Grama Sachivalayam in Survey No.636 at the point of Surplus Water Weir from the Tank, situated in Survey No.637, which comes under submersion zone by leaving a suitable and perfect land in Survey No.653 of the same village, by ignoring the resolution of the 7th Respondent dt.30-03-2023, 3 representations, requests, dt.14-08-2023, dt.16-08-2023, dt.17- 08-2023, dt.18-08-2023 and dt.23-08-2023, is illegal, arbitrary, violation of principle of natural justice, also fundamental rights as guaranteed under Article-14, 21 of Constitution of India and consequently direct the Respondents to consider the resolution of the 7th Respondent dt.30-03-2023, the Petitioners' representations, dt.14-08-2023, dt.16-08-2023, dt.17-08-2023, dt.18-08-2023 and dt.23-08-2023 and direct them to adhere to their earlier acceptance to construct the Grama Sachivalayam in Survey No.653 of Kankanalapalli Village, Tripuranthakam Mandal, Prakasham District 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 Respondents to consider and dispose the Petitioners' representations, dt.14-08-2023, dt.16-08-2023, dt.17-08-2023, dt.18-08- 2023 and dt.23-08-2023 and resolution of the 7th Respondent dt.30-03-2023 and pass appropriate order/orders as the Hon'ble Court may deem fit and proper under the circumstances of the case. IA NO: 2 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 permit the Petitioners/Petitioners to amend the consequential portion as "Consequentially direct the Respondents to remove the structure raised in in Survey No.636 at the point of Surplus Water Weir from the Tank, situated in Survey No.637 of Kankanalapalli Village, Tripuranthakam Mandal, Prakasham District" and pass Counsel for the Petitioner(S): 1. A SYAM SUNDAR REDDY 4 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 ORDER: Sri Syam Sundar Reddy, learned counsel for the petitioner submitted that the cause in the writ petition does not survive and that it has become infructuous. Hence, nothing further remains for adjudication. Recording the said submissions, the writ petition is dismissed as infructuous. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI Date: 22.12.2025 ANS 5 85 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 23121/2023 Date: 22.12.2025 ANS