APHC010681112025 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. PARASA SUNDHARA RAMAIAH, S/O. PARASA SUBBA RAO AGED ABOUT 54 YEARS, OCC AGRICULTURE R/O. D.NO.3 PARASAVANI PALLEM, KALIDINDI VILLAGE AND MANDAL ELURU DISTRICT, ANDHRA PRADESH. 1. THE STATE OF AP, REP. PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT PANCHAYAT OFFICER, ELURU, ELURU DISTRICT.534001 3. SITARAMAPURAM AGRAHARAM GRAM PANCHAYAT, REP. BY ITS SECRETARY KALIDINDI MANDAL, ELURU DISTRICT.521344 4. PARASA VENKATA SWAMY, S/O. LATE PARASA VENKATESWARA RAO AGE NOT KNOWN TO PETITIONER, OCC SARPANCH SITARAMPURAM GRAM PANCHAYAT KALIDINDI MANDAL, ELURU DISTNCT 521344 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 de IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 35549/2025 PARASA SUNDHARA RAMAIAH, S/O. PARASA SUBBA RAO AGED ABOUT 54 YEARS, OCC AGRICULTURE R/O. D.NO.3 PARASAVANI PALLEM, KALIDINDI VILLAGE AND MANDAL ELURU DISTRICT, ANDHRA PRADESH. ...PETITIONER AND THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. -522238 THE DISTRICT PANCHAYAT OFFICER, ELURU, ELURU SITARAMAPURAM AGRAHARAM GRAM PANCHAYAT, REP. BY ITS ETARY KALIDINDI MANDAL, ELURU DISTRICT.521344 PARASA VENKATA SWAMY, S/O. LATE PARASA VENKATESWARA RAO AGE NOT KNOWN TO PETITIONER, OCC SARPANCH SITARAMPURAM GRAM PANCHAYAT KALIDINDI MANDAL, ELURU ...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 that action of the Respondent No.3 in IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY, THE TWENTY SECOND DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI PARASA SUNDHARA RAMAIAH, S/O. PARASA SUBBA RAO AGED ABOUT 54 YEARS, OCC AGRICULTURE R/O. D.NO.3-20, PARASAVANI PALLEM, KALIDINDI VILLAGE AND MANDAL ELURU ...PETITIONER BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, 522238 THE DISTRICT PANCHAYAT OFFICER, ELURU, ELURU SITARAMAPURAM AGRAHARAM GRAM PANCHAYAT, REP. BY ITS ETARY KALIDINDI MANDAL, ELURU DISTRICT.521344 PARASA VENKATA SWAMY, S/O. LATE PARASA VENKATESWARA RAO AGE NOT KNOWN TO PETITIONER, OCC SARPANCH SITARAMPURAM GRAM PANCHAYAT KALIDINDI MANDAL, ELURU ...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 claring that action of the Respondent No.3 in 2 not taking any action on petitioner representation dated 11.11.2025 and allowing the Respondent No.4 to construct/the unauthorized structure and laying water pipeline petitioner land in Ac. 0.12 cnts out of Ac.3.19 cnts in R.S.No.90/1, in Sitharamapurarn Agraharam Village, Kalidindi Mandal, Eluru District is illegal, arbitrary and in,violation of principles of natural justice and to pass IA NO: 1 OF 2025 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 Respondent No.3 to consider the petitioner representation dated 11.11.2025, to conduct an enquiry and to take necessary action and to pass Counsel for the Petitioner: 1. K V ADITYA CHOWDARY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 3 The Court made the following: The grievance of the petitioner is that respondent No.3 is not taking any action on petitioner’s representation dated 11.11.2025 and allowing respondent No.4 to construct the unauthorized structure and laying water pipeline in petitioner’s land in an extent of Ac.0.12 cents out of Ac.3.19 cents in R.S.No.90/1 in Sitharamapuram Agraharam village, Kalidindi Mandal, Eluru District. 2. Heard Ms.Arathy, learned counsel, representing Sri K.V.Aditya Chowdary, learned counsel for the petitioner, Smt D.Chandrika, learned Assistant Government Pleader for Panchayat Raj Department, and Sri Y.Koteswararao, learned standing counsel for Gram Panchayat. 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that the petitioner is the absolute owner and possessor of the subject land, having acquired the same from his father. The unofficial respondent, along with his son, illegally demanded execution of a sale deed in respect of the subject land, for which the petitioner refused to do so, then, they threatened the petitioner and his family with dire consequences. On enquiry, the petitioner came to know that a possession certificate was fraudulently said to have been issued by the Village Revenue Officer on 26.05.2020, based on which a forged settlement deed dated 27.05.2020 was executed and registered in favour of the son of the unofficial respondent. However, information obtained under the Right to Information Act from the Tahsildar categorically confirms that no such possession certificate was 4 issued. He further submitted that the unofficial respondent along with his son trespassed into the subject property and wrongfully confined, abused, and threatened the petitioner and his family, which led to the registration of FIR No.285/2020, in which the investigation is completed and a charge sheet has also been filed. He further submitted that the unofficial respondent filed an injunction suit in O.S.No.247 of 2021 on the file of the Court of Junior Civil Judge, Kaikalur against the petitioner and the same is pending adjudication. He further submitted that respondent No.4, being the sarpanch of respondent No.3 Gram Panchayat, misusing his powers and also laid a water pipeline in the petitioner’s site without obtaining permission from the concerned authorities as per law. Aggrieved by the same, the petitioner approached respondent No.3 to ascertain whether any permission had been granted for construction and laying of pipeline by respondent No.4. However, there was no response, as respondent No.4 had influenced the staff not to respond nor provide any information to the petitioner. Hence, prayed to pass orders protecting the interest o the petitioner. 4. On the other hand, learned standing counsel for Gram Panchayat seeks time to get instructions/file counter. 5. Perused the record and considered the submissions made by learned counsel for the petitioner. 6. As could be seen from the submissions made by learned counsel for the petitioner, Original Suit No.247 of 2021 filed by the unofficial respondent 5 against the petitioner for injunction is pending before the learned Junior Civil Judge, Kaikalur in respect of the subject property. The issues raised by the petitioner pertain to disputed questions of right, title and possession, which cannot be adjudicated in writ jurisdiction under Article 226 of the Constitution of India. The petitioner has to approach the competent Civil Court for redressal of his grievance. In view of the pendency of the civil suit between the parties, the Gram Panchayat does not have the jurisdiction to entertain, adjudicate, or interfere in the matter. 7. In view of the above, the Writ petition is disposed of granting liberty to the petitioner to approach the competent Civil Court for redressal of his grievance. 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 22.12.2025 MP 6 245 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.35549 OF 2025 22.12.2025 MP