APHC010126112023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 6335/2023 Between: 1. VALLURUPALLI DURGA BHAVANI, W/O NAGESWARA RAO, AGED 51 YEARS, ICM SCHOOL ROAD, BAPULAPADU VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTURU DISTRICT. 2. DISTRICT PANCHAYATH OFFICER, KRISHNA DISTRICT AT MACHILIPATNAM, 3. BAPULAPADU GRAM PANCHAYATH, REP. BY ITS PANCHAYATH SECRETARY, BAPULAPADU VILLAGE BAPULAPADU MANDAL, KRISHNA DISTRICT. 4. ANDHARA PRADESH CAPITAL REGION DEVELOPMENT AUTHORITY, REP. BY ITS COMMISSIONER, VIJAYAWADA, NTR DISTRICT 5. YANAMADALA SWAROOPA RANI, W/O SATYANARAYANA, R/O 11- 143, BAPULAPADU VILLAGE AND MANDAL, KRISHNA DISTRICT. 6. KURELLA SUBBACHARI, S/O SEETHARAMAIH, R/O 11-142, BAPULAPADU VILLAGE BAPULAPADU MANDAL, KRSHNA DISTRICT. 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 a writ, order or direction, more particularly one in the nature of writ of mandamus declaring the action of the respondents in not taking any further action in pursuance of Notice issued to the 5 and 6 respondents dt. 27- 08-2022 on my complaint dt. 06-11-2022 and legal notice 17-08-2022 on the illegal construction made by the 5 and 6 knowing fully well that there are no permissions for the construction of building occupying petitioner's part of the pathway in D.No.7-135/A by 5th respondent and D.No. 7-118 by 6th respondent in Bapulapadu Village and Mandal, Krishna District is illegal, arbitrary, high handed and unconstitution and consequently direct the respondents to take further action on the Notices issued to the respondents 5 and 6 vide R.O.C.No.81/2022 dt.27-08-2022 by demolishing the illegal constructions pass such 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 No. 1 to 4 to take further action vide R.O.C.No.81/2022 dt. 27- 08-2022 for demolition of illegal construction of the respondents 5 and 6 of Bapulapadu village pending disposal of the above writ petition and pass such Counsel for the Petitioner: 1. P N MURTHY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 3. G VIJAYA BABU The Court made the following: 3 ORDER: Declaring the action of the respondents in not taking action on the illegal construction made by the respondent Nos.5 & 6 by occupying petitioner’s part of pathway in D.No.7-135/A and D.No.7-118 in Bapulapadu Village and Mandal, Krishna District, knowing fully that there are no permissions for the construction of building, as illegal, arbitrary, the present writ petition is filed. 2. Heard Sri P.N.Murthy, 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 G.Vijaya Babu, learned counsel for the unofficial respondents. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that the petitioner made a complaint dated 06.11.2020 and a legal notice dated 17.08.2022 to respondent Nos.2 to 4 to take action against the illegal constructions made by the unofficial respondent Nos.5 & 6 in the subject land. Pursuant to the same, respondent No.3 issued a show cause notice dated 27.08.2022 to the unofficial respondent Nos.5 & 6 to explain about the illegal constructions. Thereafter, no further action has been taken nor conducted any enquiry. He further submitted that it would suffice for the time being if a direction is given to the respondents to take steps against the illegal constructions of the unofficial respondent Nos.5 & 6 in accordance with law, accordingly, prayed to pass appropriate orders protecting the interest of the petitioner. 4 4. On the other hand, Sri G.Vijay Babu, learned counsel for unofficial respondent Nos.5 & 6 submitted that a counter is required to be filed in this matter and sought time. 5. Learned Standing Counsel for Gram Panchayat submitted that enquiry was conducted on the said complaint of the petitioner, however, instructions are not clear as to whether any orders have been passed or not accordingly, sought further time to get clear instructions. 6. Perused the record and considered the submissions made by the learned counsel for the parties. 7. Pursuant to the complaint dated 06.11.2020 and legal notice dated 17.08.2022, given by the petitioner to take action against illegal constructions made by the unofficial respondent Nos.5 & 6 in the subject properties, respondent No.3 issued a show cause notice vide R.O.C.No.81/2022 dated 27.08.2022 to the unofficial respondents Nos.5 & 6 to submit site documents and permission plans for the said construction. Thereafter, no action has been initiated against the same is the grievance of the petitioner. The writ petition is of the year 2023, till now, both the official and unofficial respondents did not choose to file their counters. As the relief sought is innocuous and no positive direction has been sought by the petitioner in the writ petition, there is no purpose in keeping the writ petition pending inviting counter, as such, this Court is inclined to dispose of the writ petition by passing the following order: “The respondent authority concerned shall act upon the petitioner’s complaint dated 06.11.2020 and legal notice dated 17.08.2022 and take 5 further cause of action if any enquiry is already conducted and found that the constructions are illegal, appropriate action shall be taken in accordance with law and pass appropriate orders and communicate the same to all the parties concerned, 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: 05th November, 2025 RKS