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2025 DAILYLAW 50613 (AP)

V BHUVANESWARI v. THE STATE OF ANDHRA PRADESH

WP/8179/2023 · 2025-11-30

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010158632023 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 8179/2023 Between: 1. V BHUVANESWARI, W/O. V. CHANDRAPPA, AGED ABOUT 49 YEARS, OCC. HOUSE WIFE, R/O. H.NO.5 PANCHAYAT, BAIREDDYPALLI MANDAL, KADAPANATTAM POST, CHITTOOR DISTRICT. 2. V. NAGAMMA, W/O. V. NARAYANAPPA, AGED OCC. HOUSE WIFE, R/O. H.NO.5 PANCHAYAT, BAIREDDYPALLI MANDAL, KADAPANATTAM POST, CHITTOOR DISTRICT. 3. V. SUNDARAMMA, W/O. V. SHANKARAPPA, AGED ABOUT 55 YEARS, OCC. HOUSE WIFE, R/O. H.NO.5 PANCHAYAT, BAIREDDYPALLI MANDAL, KADAPANATTAM POST, CHITTOOR DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT. 3. THE TAHSILDAR, BAIREDDIPALLI MANDAL, CHITTOOR DISTRICT. 4. THE PANCHAYAT SECRETARY, VENGAMVARIPALLI PANCHAYAT, CHITTOOR DISTRICT IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 8179/2023 V BHUVANESWARI, W/O. V. CHANDRAPPA, AGED ABOUT 49 YEARS, OCC. HOUSE WIFE, R/O. H.NO.5-20, VENGAMVARIPALLI PANCHAYAT, BAIREDDYPALLI MANDAL, KADAPANATTAM POST, CHITTOOR DISTRICT. V. NAGAMMA, W/O. V. NARAYANAPPA, AGED ABOUT 70 YEARS, OCC. HOUSE WIFE, R/O. H.NO.5-37, VENGAMVARIPALLI PANCHAYAT, BAIREDDYPALLI MANDAL, KADAPANATTAM POST, CHITTOOR DISTRICT. V. SUNDARAMMA, W/O. V. SHANKARAPPA, AGED ABOUT 55 YEARS, OCC. HOUSE WIFE, R/O. H.NO.5-37/A, VENGAMVARIPALLI YAT, BAIREDDYPALLI MANDAL, KADAPANATTAM POST, CHITTOOR DISTRICT. ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. RICT COLLECTOR, CHITTOOR DISTRICT. THE TAHSILDAR, BAIREDDIPALLI MANDAL, CHITTOOR DISTRICT. THE PANCHAYAT SECRETARY, VENGAMVARIPALLI PANCHAYAT, CHITTOOR DISTRICT IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY,THE FIRST DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI V BHUVANESWARI, W/O. V. CHANDRAPPA, AGED ABOUT 49 20, VENGAMVARIPALLI PANCHAYAT, BAIREDDYPALLI MANDAL, KADAPANATTAM POST, ABOUT 70 YEARS, 37, VENGAMVARIPALLI PANCHAYAT, BAIREDDYPALLI MANDAL, KADAPANATTAM POST, V. SUNDARAMMA, W/O. V. SHANKARAPPA, AGED ABOUT 55 37/A, VENGAMVARIPALLI YAT, BAIREDDYPALLI MANDAL, KADAPANATTAM POST, ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. THE TAHSILDAR, BAIREDDIPALLI MANDAL, CHITTOOR DISTRICT. THE PANCHAYAT SECRETARY, VENGAMVARIPALLI PANCHAYAT, 2 ...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 to issue appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring impugn the action of the Respondents No.2 to 4 has not taking any action against the persons who are trying to construct the wall around the Dr B. R. Ambedkar Statue at Vengamvaripalli village, Biareddipalli Mandal, Chittoor District on the road without taking permission from the competent authority as illegal, arbitrary, unjust, in violation of principles of natural justice and contrary to law, and to pass such o 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 consider my representations dated 20.03.2023 by directing the Respondents No.2 to 4 to stop the construction of the wall on the road in front of our houses at Vengamvaripalli village, Biareddipalli Mandal, Chittoor District, pending disposal of the above writ petition in the interest of justice Counsel for the Petitioner(S): 1. K VENUGOPAL REDDY Counsel for the Respondent(S): 1. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 2. GP FOR REVENUE 3. GP FOR PANCHAYAT RAJ RURAL DEV 3 The Court made the following order: The grievance of the petitioners is that respondent Nos.2 to 4 are not taking any action against the persons, who are trying to construct the wall around the Dr.B.R Ambedkar Statue at Vengamvaripalli Village, Biareddipalli Mandal, Chittoor District. 2. Heard Sri K.Venugopal Reddy, learned counsel for the petitioners, Smt D.Chandrika, learned Assistant Government Pleader for Panchayat Raj, Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue and Sri M.Sudhir, learned standing counsel for Gram Panchayat . 3. Learned counsel for the petitioners, in elaboration to what has been stated in the affidavit, contended that the petitioners are landless poor persons and the then Mandal Revenue Officer has issued house site pattas in their favour. Thereafter, the petitioners constructed small houses and also dug a borewell in the said site. He further submitted that some villagers are trying to construct a compound wall around the Ambedkar statue without taking permission from the competent authority. If such construction is carried out on the road leading to the petitioners’ houses and bore well, the petitioners would be put to hardship, as there is no alternative road to their ingress and egress. He further submitted that the petitioners made a representation dated 20.03.2023 to respondent Nos.3 and 4 and despite the receipt of the said representation, respondent Nos.3 and 4 have failed to take any action against the persons, who are trying to construct the wall. Hence, prayed to pass appropriate orders protecting the interest of the petitioners. 4 4. On the other hand, learned standing counsel for Gram Panchayat placed on record the written instructions of the Panchayat Secretary, Vengamvaripalli Gram Panchayat dated 30.11.2025 and submitted that the land in survey No.282 to an extent of Ac.1.50 cents is classified as ‘patta’ land in the village of Vengamvaripalli and some of the villagers had installed a statue of Dr.B.R Ambedkar without obtaining permission from the District Collector, Chittoor. The villagers also tried to construct a compound wall around the statue without obtaining permission from Gram Panchayat. The Gram Panchayat issued a notice dated 03.04.2023 to the villagers, however they denied the same. Thereafter, the Gram Panchayat have placed a notice board on the disputed land stating that no construction shall be carried out without obtaining permission from the competent authority. He further submitted that the issue has been resolved by conducting a meeting among the villagers, wherein it was decided not to construct any compound wall in survey No.282 of Vengamvaripalli village. 5. Perused the record and considered the submissions made by learned counsel for the parties. 6. The contention of the petitioners is that without taking permission from the Gram Panchayat, some villagers were trying to construct a compound wall around the statue of Dr.B.R Ambedkar. Perusal of the written instructions of the Panchayat Secretary shows that the issue has been resolved by conducting a meeting among the villagers, wherein it was decided not to construct any compound wall in survey No.282 of Vengamvaripalli village. 5 7. Taking the submissions of both the learned counsel into consideration and in view of the fact that since the subject issue has been resolved, nothing remains further adjudication and the Writ Petition is liable to be closed. 8. Accordingly, the Writ Petition is closed. 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 01.12.2025 MP 6 304 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.8179 of 2023 01.12.2025 MP