APHC010170662023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 8756/2023 Between: 1. SRI MANDA VEERA VENKATA SATYANARAYANA REDDY, S/O.PENTA REDDY, AGED 48 YEARS, OCC.BUSSINESS D.NO.8-71, RAMAVARAM VILLAGE, ANAPARTHY MANDAL EAST GODAVARI DISTRICT, A.P. PINCODE-533264 ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS. PRINCIPAL SECRETARY TO GOVERNMENT PANCHAYAT RAJ DEPARTMENT, AP SECRETARIAT, VELAGAPUDI,5TH BLOCK, GROUND FLOOR AMARAVATHI, GUNTUR DISTRICT, A.P. 522503 2. THE DISTRICT COLLECTOR, RAJAMAHENDRAVARAM EAST GODAVARI DISTRICT, A.P., 3. THE DISTRICT PANCHAYAT OFFICER, RAJ AMAHENDRAVARAM EAST GODAVARI DISTRICT, A.P., 4. THE EXTENSION OFFICER, , MANDAL PRAJA PARISHADM, ANAPARTHI MANDAL EAST GODAVARI DISTRICT, A.P., 5. THE ANAPARTHI GRAMAPANCHAYAT OFFICE, REP. BY ITS. PANCHAYAT SECRETARY ANAPARTHI VILLAGE AND MANDAL EAST GODAVARI DISTRICT, A.P., 6. TANGELLA KRISHNA SRIDHAR, S/O TANGELLA VENKATESWAR RAO, AGED 27 YEARS, D.NO.11-126, ANAPARTHI VILLAGE 2 ANAPARTHI MANDAL, EAST GODAVARI DISTRICT, A.P., 7. TANGELLA KISHORE, S/O TANGELLA VENKATESWAR RAO, AGED 24 YEARS, D.NO.11-126, ANAPARTHI VILLAGE ANAPARTHI MANDAL, EAST GODAVARI DISTRICT, A.P., ...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 or order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the respondents 6 and 7 on Eastern side of the petitioners' residential site with a small room, without leaving any setback or proper sanctions from the concerned departments obstructing the light, air and not closing the ventilators and windows to the petitioner residential site is illegal, unlawful, unjust and contrary to law and against the principles of natural justice and consequently to direct the Respondents 2 to 5 to consider the representation of the petitioner dated 11.05.2022 and 29.08.2022 in the interest of justice and to 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 2 to 5 to consider the representation of the petitioner dated 11.05.2022 & 29.08.2022 in the interest of justice and to pass IA NO: 1 OF 2024 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 grant leave to the petitioner herein/respondent No.5 in WP.No.8756 of 2023 to file counter affidavit in the above writ petition IA NO: 2 OF 2024 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 condone the delay of 76 days in re-presenting I.A.SR.26289 OF 2024 Counsel for the Petitioner: 1. K GANI REDDY 3 Counsel for the Respondent(S): 1. N SIVA REDDY 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following: ORDER: Declaring the action of the official respondents in not taking action against illegal constructions of the unofficial respondent Nos.6 & 7 on the eastern side of the petitioners residential site with a small room, without leaving any setback on western side and without proper approval or sanctions from the concerned departments and constructing the house with deviations, as illegal and arbitrary, the present writ petition is filed. 2. Heard Sri K.Gani Reddy, learned counsel for the petitioner, Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat, Smt.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and Sri N.Siva Reddy, learned counsel for the unofficial respondents. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that despite bringing it to the notice of the official respondents about the illegal constructions made by the unofficial respondent Nos.6 & 7, on the eastern side of the petitioner’s residential site without leaving setbacks and without proper approval from the concerned departments, by way of representations, no action has been initiated by the respondents. If the same is allowed to continue, it would affect the rights of the petitioner. He further submitted that it would suffice for the time being if a 4 direction is given to the official respondents to take action against the illegal constructions in accordance with law in a time bound manner, accordingly, prayed to pass appropriate orders. 4. On the other hand, learned Standing Counsel for the Gram Panchayat on counter contended that notice has been issued to the unofficial respondents for which they have submitted a reply. He further submitted that the respondents would take steps in accordance with law, accordingly, prayed to dismiss the writ petition. 5. Sri N.Siva Reddy, learned counsel for unofficial respondent Nos.6 & 7 submitted that pursuant to the notice issued by the Gram Panchayat, the required setbacks duly complied with, accordingly, prayed to dismiss the writ petition. 6. Perused the record and considered the submissions made by the learned counsel for the parties. 7. Not initiating action against the illegal constructions despite bringing it to the notice of the respondents is the grievance of the petitioner. The respondent Gram Panchayat contended that pursuant to the petitioner’s representation, notice has been issued to the unofficial respondents and they would take steps in accordance with law. as such, there is no purpose in keeping the writ petition pending, as such, this Court is inclined to dispose of the writ petition by passing the following order: “The respondent Gram Panchayat is directed to look into the grievance of the petitioner and if found that any constructions are being made without 5 proper approval and building plan, take steps in accordance with law by giving proper notice inviting explanation and also providing an opportunity of being heard to the parties concerned and communicate the same to them. Such exercise 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: 01st December, 2025 RKS