APHC010161302023 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 8293/2023 Between: 1. SUNKARA SATYANARAYANA, S/O KONDALA RAO, AGED ABOUT 40 YEARS, R/O PEDANAPALLI VILLAGE, YELESWARAM MANDAL, EAST GODAVARI DISTRICT. 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT PANCHAYAT OFFICER, EAST GODAVARI, EAST GODAVARI DISTRICT. 3. THE TAHSILDAR, YELESWARAM MANDAL, EAST GODAVARI DISTRICT. 4. MANDAL PARASHID DEVELOPMENT OFFICER, YELESWARAM MANDAL, EAST GODAVARI DISTRICT. 5. THE PEDANAPALLI VILLAGE GRAM PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY, PEDANAPALLI VILLAGE, YELESWARAM MANDAL, EAST GODAVARI DISTRICT 6. BUDDAH ESWARA RAO, S/O NAIDU, AGED ABOUT 50 YEARS, R/O PEDANAPALLI VILLAGE, GODAVARI DISTRICT IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 8293/2023 SUNKARA SATYANARAYANA, S/O KONDALA RAO, AGED ABOUT 40 YEARS, R/O PEDANAPALLI VILLAGE, YELESWARAM MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEPARTMENT, ANDHRA PRADESH SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. THE DISTRICT PANCHAYAT OFFICER, EAST GODAVARI, EAST GODAVARI DISTRICT. THE TAHSILDAR, YELESWARAM MANDAL, EAST GODAVARI MANDAL PARASHID DEVELOPMENT OFFICER, YELESWARAM EAST GODAVARI DISTRICT. THE PEDANAPALLI VILLAGE GRAM PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY, PEDANAPALLI VILLAGE, YELESWARAM MANDAL, EAST GODAVARI DISTRICT BUDDAH ESWARA RAO, S/O NAIDU, AGED ABOUT 50 YEARS, R/O PEDANAPALLI VILLAGE, YELESWARAM MANDAL, EAST GODAVARI DISTRICT IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY,THE FIRST DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI SUNKARA SATYANARAYANA, S/O KONDALA RAO, AGED ABOUT 40 YEARS, R/O PEDANAPALLI VILLAGE, YELESWARAM MANDAL, ...PETITIONER THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, ANDHRA PRADESH THE DISTRICT PANCHAYAT OFFICER, EAST GODAVARI, EAST THE TAHSILDAR, YELESWARAM MANDAL, EAST GODAVARI MANDAL PARASHID DEVELOPMENT OFFICER, YELESWARAM THE PEDANAPALLI VILLAGE GRAM PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY, PEDANAPALLI VILLAGE, YELESWARAM BUDDAH ESWARA RAO, S/O NAIDU, AGED ABOUT 50 YEARS, R/O YELESWARAM MANDAL, EAST 7. BUDDA SURYA PRAKASH, S/O NAIDU, AGED ABOUT 45 YEARS, R/O PEDANAPALLI VILLAGE, YELESWARAM MANDAL, EAST GODAVARI 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 declaring the action of the respondents 2 to 5 in not obstructing the illegal construction of 6th and 7th respondents by encroaching upon government site with an extent of Ac. 1.74 cents comprised in Sy.no 169-2 of Peddanapalli Village, Yeleswaram Mandal, East Godavari District, in spite of repeated representations submitted by petitioner is illegal, irregular, arbitrary and violative of provisions of relevant Panchayat laws by which construction of buildings in Panchayats in the state of Andhra Pradesh is governed and offends Art, 14 and 21 of Constitution of India and Consequently direct the respondents 2 to 5 to remove the illegal encroachment of 6th and 7th Respondents with an extent of Ac. 1.74 cents comprised in Sy.no 169-2 of Peddanapalli Village, Yeleswaram Mandal, East Godavari District and 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 pleased to direct the respondents 2 to 5 to remove the illegal encroachment of 6th and 7th Respondents with an extent of Ac. 1.74 cents comprised in Sy.no 169-2 of Peddanapalli Village, Yeleswaram Mandal, East Godavari District, by considering the representation Dt. 10.03.2023 of the petitioner pending disposal of the main Writ Petition and pass IA NO: 2 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 pleased to vacate the interim orders granted in W.P No. 8293 of 2023 dated 04.04.2023 and to pass IA NO: 3 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 pleased to vacate the interim order dated 04.04.2023 in W.P.No.4293 of 2023 and also dimiss the writ petition and pass Counsel for the Petitioner: 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 4. V V SATISH The Court made the following: ORDER This writ petition is filed questioning inaction of respondent nos. 2 to 5 in taking action against the illegal construction made by respondent nos.6 and 7 in an extent of Ac.1-74 cents in Survey No.169-2 of Peddanapallli Village, Yeleswaram Mandal, East Godavari District. 2. Sri Siva Prasad Reddy Venati, learned counsel for the petitioner, submitted that cause in this writ petition does not survive, as respondent nos.6 and 7 had already constructed a building in the subject site and hence prayed to close the writ petition granting liberty to the petitioner to approach appropriate authority. 5. In view of the submission made by learned counsel for the petitioner, the writ petition is closed, granting liberty to the petitioner to appropriate authority. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI Dated: 1st December, 2025. RR