APHC010522842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 26936/2025 Between: 1. CHANDALA TRIMURTHULU, S/O SURYA NARAYANA, AGE ABOUT 59 YEARS, OCC. AGRICULTURE, R/O D.NO- 2-247, BC PETA, KAJULURUVILLAGE, KAJULURUMANDAL, KAKINADA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITSPRINCIPAL SECRETARY,REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 2. THE DISTRICT COLLECTO, KAKINADA DISTRICT, KAKINADA. 3. THE SUPERINTENDENT OF POLICE, KAKINADA DISTRICT, KAKINADA. 4. THE TAHSILDAR, KAJULURUMANDAL, KAJULURU. 5. THE STATION HOUSE OFFICER, GOLLAPALEM POLICE STATION,GOLLAPALEM, KAKINADA DISTRICT. 6. THE KAJULURU GRAMA PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, KAJULURUVILLAGE, KAJULURUMANDAL,KAKINADA DISTRICT. 7. MEDISETTIRAMU, S/O NOT KNOWN, AGED ABOUT MAJOR, R/O KAJULURU VILLAGE, KAJULURU MANDAL,KAKINADA DISTRICT 8. MEDISETTI SATYANARYANA, S/O NOT KNOWN, AGED ABOUT MAJOR, R/O KAJULURU VILLAGE, KAJULURU MANDAL, KAKINADA 2 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 topleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declaring the high handed action on the part of the respondents more particularly 2 to 6 hereinare not taking any action as per the complaint / representations made by the petitioner dated 11/07/2025 for obstructing the construction of the residential house in Sy.No 607/1 an ext. of 165 Sq.yards situated at Kajuluruvillage as per the building plan of the Grama Panchayatdt. 13-8-2025 against the unofficial respondents as highly illegal arbitraryincludingviolation of Fundamental Rights and violation of article 15,16,19,21 and 300 A of the Constitution of India and consequentially to direct the respondents 2 to 6 herein to protect the petitioner's rights for construction of residential house in Sy.No 607/1 an ext. of 165 Sq.yards situated at Kajuluru village with the permission of the Grama Panchayat by taking action against the unofficial respondents as per the representations 11/07/2025 of the petitioner, 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 pleased to the respondents 2 to 6 herein to protect the petitioners rights for construction ofesidential house in Sy.No- 607/1 an ext. of 165 Sq. of 165 Sq. yards situated at Kajuluru village with the permission of the Grama Panchayat by taking action against the unofficial respondentsas per the representations 11/07/2025 of the petitioner pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. BOKKA SATYANARAYANA KAMLA Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.26936 OF 2025 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 to declaring the high handed action on the part of the respondents more particularly 2 to 6 herein are not taking any action as per the complaint / representations made by the petitioner dated 11/07/2025 for obstructing the construction of the residential house in Sy.No.607/1 an ext of 165 Sq.yards situated at Kajuluru village as per the building plan of the Grama Panchayat dated 13.08.2025 against the unofficial respondents as highly illegal, arbitrary including violation of Fundamental Rights and violation of Articles 15, 16, 19, 21 and 300-A of the Constitution of India and consequentially to direct the respondents 2 to 6 herein to protect the petitioner’s rights for construction of residential house in Sy.No.607/1 an ext of 165 Sq.yards situated at Kajuluru village with the permission of the Grama Panchayat by taking action against the unofficial respondents as per the representations 11/07/2025 of the petitioner and pass such other order or orders...” 2. Heard learned counsel for the petitioner, learned Government Pleader and learned Standing Counsel for Gram Panchayat appearing for the respondents. 3. Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor of the site admeasuring to an extent of 165 Sq.yds in Sy.No.607/1 situated at Kajuluru Village and Mandal, Kakinada District, having acquired the same through a registered sale deed. After such acquisition, the petitioner was granted building permission for construction of ground + 1st floor from the Gram Panchayat vide building/ sanction plan dated 13.08.2025. After obtaining necessary permission, the petitioner herein started construction of 4 residential building at the subject land as per the plan sanctioned by the respondent No.6/ Gram Panchayat. While so, on the guise of the complaint submitted by the respondent Nos. 7 and 8, respondent No.6 and its staff are interfering and obstructing with the construction of the petitioner, even though the petitioner is proceeding with the construction as per the building plan sanctioned by the Gram Panchayat/ respondent No.6 without issuing any notice and without following due process of law as contemplated under the provisions of Andhra Pradesh Panchayat Raj Act, 1994 (in short ‘the Act, 1994’) and the Andhra Pradesh Gram Panchayat Land Development (Layout and building) Rules 2002 (in short ‘the Rules, 2002’). Hence, the writ petition. 4. On the other hand, learned Standing Counsel for respondent No.6 furnished written instructions, wherein, it is stated that the subject complaint submitted by respondent Nos. 7 and 8 was purely personal in nature and it appears to be that there are disputes between the petitioner and respondent Nos. 7 and 8 regarding extent of land. It is further confirmed that the petitioner has been constructing the subject house, as of now, as per the plan sanctioned by the Gram Panchayat vide plan dated 13.08.2025. He further submits that if at all the Gram Panchayat/ respondent No.6 intend to take any action in respect of construction of subject house by the petitioner on the ground of deviations to the sanction plan, they will follow due process of law as contemplated under the Act, 1994 and the Building Rules, 2002. 5. Considering the submissions made by both the learned counsel and on perusal of the material placed on record along with the written instructions 5 submitted by respondent No.6, it appears that the ownership of the petitioner as well as the plan sanctioned by the Gram Panchayat for construction of residential house consisting of Ground + 1st floor is not in dispute. Further, the complaint of respondent Nos. 7 and 8 seems to be purely out of personal score and there are also existence of civil disputes between the petitioner and respondent Nos. 7 and 8. 6. In view of the reasons stated above, the respondent No.6- Gram Panchayat is hereby directed not to interfere with the construction of the petitioner as long as the petitioner is continuing with the construction in accordance with the plan sanctioned by the 6th respondent. Further, if the subject construction is found to be deviation to the sanctioned plan, the 6th respondent Gram panchayat is at liberty to proceed further by following due process of law as contemplated under the provisions of Andhra Pradesh Panchayat Raj Act, 1994 and the Andhra Pradesh Gram Panchayat Land Development (Layout and building) Rules, 2002. 7. With the above directions, the writ petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions, pending, if any, shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J Date:07.10.2025 BSP 6 03 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.26936 OF 2025 DATED:07.10.2025 BSP