APHC010504712023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] FRIDAY,THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 26976/2023 Between: 1. PUDI SIMHACHALAM NAIDU, S/O. SWAMI NAIDU, AGED 64 YEARS, OCC. CULTIVATION, R/O KRISHNARAYAPURAM, SEETHANAGARAM MANDAL, PARVATHIPURAM MANYAM DISTRICT, ERSTWHILE VIZIANAGARAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYATRAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR PANCHAYAT WING, PARVATHIPURAM MANYAM DISTRICT, PARVATHIPURAM, ERSTWHILE VIZIANAGARAM DISTRICT. 3. THE DISTRICT PANCHAYAT OFFICER, PARVATHIPURAM, PARVATHIPURAM MANYAM DISTRICT, ERSTWHILE VIZIANAGARAM DISTRICT 4. THE REVENUE DIVISIONAL OFFICER, PARVATHIPURAM DIVISION, PARVATHIPURAM, PARVATHIPURAM MANYAM DISTRICT, ERSTWHILE VIZIANAGARAM DISTRICT 5. THE TAHSILDAR, SITANAGARAM MANDAL, SITANAGARAM, PARVATHIPURAM MANYAM DISTRICT, ERSTWHILE 2 VIZIANAGARAM DISTRICT 6. THE EXECUTIVE AUTHORITY CUM PANCHAYAT SECRETARY, KRISHNARAYAPURAM GRAM PANCHAYAT, SEETHANAGARAM MANDAL, PARVATHIPURAM MANYAM DISTRICT, ERSTWHILE VIZIANAGARAM DISTRICT 7. STATION HOUSE OFFICER, SEETHANAGARAM POLICE STATION, SEETHANAGARAM, PARVATHIPURAM MANYAM DISTRICT, ERSTWHILE VIZIANAGARAM DISTRICT. 8. SMT EDUBILLI SANGAMMA, W/O. CHINNAM NAIDU, AGED 56 YEARS, R/O. MANDI STREET, KRISHNARAYAPURAM VILLAGE, SEETANAGARAM MANDAL, VIZIANAGARAM 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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of respondents 1 to 7 on the petitioner's representation dt. 18.08.2023, submitted for prevention of Illegal and unauthorized construction being carried out by the 8th Respondent on his house and Site property of Ac. 0.20 Cents covered by Old Patta No. 705 (Eka Patta) without taking any building permission by granting police aid, by binding over 8th Respondent and her unruly followers to secure peace and to ensure no disturbance is caused for implementing the order dated. 08.12.2011 in E. P. No. 171/2009 in OS No. 150/1998 on the file of Learned Principal Junior Civil Judge, Bobbili, as illegal, irregular, irrational and amounts to non-discharge of legal obligation conferred on them and violative of Articles 14and 21 of Constitution of India and consequently direct the respondents to prevent said illegal construction by removing already constructed part thereof 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 to direct the respondents 1 to 7 to consider and initiate necessary action on the petitioner's representation dated 18.08.2023, 3 submitted for prevention of Illegal and unauthorized construction being carried out by the 8th Respondent on his house and Site property of Ac. 0.20 Cents covered by Old Patta No. 705 (Eka Patta) without taking any building permission by taking police aid and by binding over 8th Respondent and her unruly followers to secure peace and to ensure no disturbance is caused for implementing the order dated. 08.12.2011 in E. P. No. 171/2009 in OS No. 150/1998 on the file of Learned Principal Junior Civil Judge, Bobbili, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. PASALAPUDI SATYA HARITHA Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. BONU RAMA SHANKAR RAO 4. GP FOR PANCHAYAT RAJ RURAL DEV 5. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following: ORDER: To declare the action of the respondents in not taking action on the representation dated 18.08.2023 submitted for prevention of illegal and unauthorized constructions without building plan being carried out by the 8th respondent on the petitioner’s house site property of Ac.0.20 cents covered by old patta No.705 (Eka Patta) without taking any building permission by granting police aid, as illegal and arbitrary, the present writ petition is filed. 4 2. Heard Ms.Pasalapudi Haritha, learned counsel for the petitioner, Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat and Smt.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj for the official respondents and Sri Bonu Rama Shankara Rao, learned counsel for the unofficial respondents. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that when the 8th respondent tried to make constructions without building plan in the petitioner’s subject property, the petitioner made a representation dated 18.08.2023. As the authority did not consider the said representation, the present writ petition was filed and this Court, on 20.10.2023 directed the respondent authorities to consider the representation dated 18.08.2023 made by the petitioner and to pass appropriate orders in accordance with law. She further submitted that so far no orders have been passed on the representation made by the petitioner, as such, prayed to pass appropriate orders protecting the interest of the petitioner. 4. As per the directions of this Court, Panchayat Secretary concerned appeared before this Court and submitted that he has been recently appointed in the said place and he is unaware of the interim orders passed by this Court, as such, no orders have been passed on the representation of the petitioners. He further submitted that the said 5 mistake is neither willful nor wanton and tendered unconditional apology and he would be more diligent and careful in future. 5. On the other hand, learned counsel for the respondents submitted that the authorities would take steps in accordance with law and prayed to pass appropriate orders. 6. The grievance of the petitioner is that the unofficial respondent is making construction without obtaining building permission. It is bounden duty cast upon the Gram Panchayat to take steps if any construction is made without plan by virtue of Section 121 read with G.O.Ms.No.67 dated 26.02.2002. 7. Taking their submissions into consideration and in view of the facts and circumstances of the case, this Court, instead of going into the merits and demerits of the case, is inclined to dispose of the writ petitioner by passing the following order: “The respondent Gram Panchayat is directed to look into the representation of the petitioner dated 18.08.2023 and if any constructions are found without permission as alleged by the petitioner, they shall remove the same in accordance with law by issuing proper show cause notice giving sufficient time for explanation and by providing an opportunity of being heard to all the parties concerned. Such exercise 6 shall be completed within a period of three (03) months from the date of receipt of a copy of this order.” 8. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 19th December, 2025 RKS