APHC010229332020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15113/2020 Between: 1. KONDRU SIMHADRAMMA, D/O LATE MASA, SIMHACHALAM AGED ABOUT 45 YEARS, OCC. AGRICULTURE LABOUR, R/O GUNUPUDI VILLAGE, NATHAVARAM. MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL, SECRETARY, PANCHA.YATHRAJ AND RURAL DEVELOPMENT DEPARTMENT A.P. SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATI 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. 3. THE DISTRICT PANCHAYATH OFFICER, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM 4. THE REVENUE DIVISIONAL OFFICER, NARSIPATNAM REVENUE DIVISION, NARSIPATNAM VISAKHAPATNAM DISTRICT. 5. THE TAHSILDAR, NATHAVARAM MANDAL NATHAVARAM, VISAKHAPATNAM DISTRICT. 6. THE VILLAGE REVENUE OFFICER, GUNIPUDI REVENUE VILLAGE, NATHAVARAM MANDAL VISAKHAPATANAM.DISTRICT. 7. THE GUNUPUDI GRAMPANCHAHATH, REP.BY ITS SECRETARY, GUNUPUDI VILLAGE, NATHAVARAM MANDAL, VISAKHAPTNAM 2 DISTRICT. 8. DADI CHITTABBAI CONTRACTOR, GUNUPUDI VILLAGE, NATHAVARAM MANDAL VISAKHAPATNAM 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 tobe pleased to issue an appropriate writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in forcibly construct the Village Secretariat in the petitioner house site which is constructed upto foundation level admeasuring 193.6 Sq.yards in Sy.No.17 76611 situated at Old Harijanacolony, Gunupudi Village, Nathavaram mandal, Visakhapatnam district without notice and without following Land Acquisition Act under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Apt, 2013 is illegal, arbitrary and also violation of Principles of Natural Justice and consequently direct the respondents not to interfere/not to construct the village secretariat building on the petitioiner house site without following due process of law and pass IA NO: 1 OF 2020 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 be pleased to direct the respondents to Stop the construction of Village Secretariat building, constructing in the house property of the petitioner admeasuring 193.6 Sq.yards in Sy.No‘1764P situated at Old Harijanacolony, Gunupudi Village, Nathavaram mandal, Visakhapanm district due process of law, pending disposal of the Writ petition and pass IA NO: 1 OF 2021 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 vacate the order dated 21-10-2020 passed in Wp. 15113 of 2020 as divide of merits andpass IA NO: 2 OF 2021 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 3 Pleased to vacate the interim order dated 21-10-2020 passed in IA 1/2021 in WP. 15113/2020 and dismiss the writ petition and pass Counsel for the Petitioner: 1. V KRISHNA SWAROOP Counsel for the Respondent(S): 1. KOTI REDDY IDAMAKANTI (SC FOR ZPP MPP AND GRAM PAN) 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. I KOTI REDDY The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15113/2020 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in forcibly construct the Village Secretariat in the petitioner house site which is constructed upto foundation level admeasuring 193.6 Sq.yards in Sy.No.177 situated at Old Harijanacolony, Gunupudi Village, Nathavaram Mandal, Visakhapatnam District without notice and without following Land Acquisition Act under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is illegal, arbitrary and also violation of Principles of Natural Justice and consequently direct the respondents not to interfere/not to construct the village secretariat building on the petitioner house site without following due process of law and pass such other order.” 2. Heard learned counsel for the petitioner, learned Standing Counsel for respondent No.7 and the learned Government Pleader for the other respondents. 3. Learned counsel for the petitioner submits that the petitioner is in possession and enjoyment of the land admeasuring to an extent of 193.6 Sq. yards in Sy.No.177, Gunupudi Village, Nathavaram Mandal, Visakhapatnam District, having acquired the same through ancestors. While so, without issuing any notice and without following due procedure as contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, 5 Rehabilitation and Resettlement Act, 2013 (Act No.30 OF 2013), the respondents are proceeding with the construction of the Village Secretariat at the subject place. Hence, the Writ Petition. 4. On the other hand, learned Standing Counsel for respondent No.7 filed counter-affidavit, wherein it is stated that the Government sanctioned the Village Secretariat building to the Gram Panchayat/respondent No.7. Respondent No.7 identified the suitable site to an extent of Ac.0.15 cents in Sy.No.177/1 which was classified as a Gramakantam for construction of the said building. After identifying the same, the Tahsildar conducted survey and shown the exact site for construction vide proceedings dated 09.01.2020. Thereafter, by following the procedure, the construction work has been commenced and one slab was completed and now the pillars have been laid for the second slab. 5. Learned Government Pleader filed the counter-affidavit of respondent No.3, wherein it is stated that the subject land is classified as Grama Kantam land as per the report of respondent No.5 dated 09.01.2020. As per G.O.Ms.No.187 dated 27.05.2015, Gramakantam lands are vested with the Gram Panchayats. As such, the Gram Panchayat is responsible to take appropriate action in respect of Gramakantam lands including protection of the extent of lands meant for community purpose. Instead of availing the civil 6 remedies available, the petitioner directly approached this Court. Hence, requested to dismiss the Writ Petition. 6. Considering the submissions made by both the learned counsel and on perusal of the material placed on record, this Court deems it appropriate to dispose of the Writ Petition directing the respondents not to evict the petitioner from the subject property and not to take any coercive steps against the petitioner, without following due process of law. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 25.09.2025 TTPPSS 7 221 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15113/2020 25.09.2025 TTPPSS