APHC010092132023 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 4660/2023 Between: 1. PARUCHURI PANDU KUMAR, S/O NARASIMHA RAO, HINDU, AGED ABOUT 35 YEARS, R/O FLAT .NO.2, GROUND FLOOR, D.NO.13 3B2, SRI DURGA ENCLAVE, KOTHAPETA VILLAGE, VETAPALEM MANDAL, PRAKASHAM DISTRICT. 1. THE STATE OF ANDHRA SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PRAKASHAM DISTRICT. 3. THE DISTRICT PANCHAYAT OFFICER, ONGOLE, PRAKAS DISTRICT. 4. THE MANDAL PARISHAD DEVELOPMENT OFFICER, VETAPALEM MANDAL, PRAKASHAM DISTRICT. 5. THE PANCHAYAT SECRETARY, KOTHAPETA VILLAGE GRAMA PANCHAYAT, VETAPALEM MANDAL, PRAKASHAM DISTRICT. 6. THE ONGOLE URBAN DEVELOPMENT AUTHORITY, REP. BY CHAIRMAN, SANTHAPET, ONGOLE, PRAKASHAM DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 4660/2023 PARUCHURI PANDU KUMAR, S/O NARASIMHA RAO, HINDU, AGED ABOUT 35 YEARS, R/O FLAT .NO.2, GROUND FLOOR, D.NO.13 3B2, SRI DURGA ENCLAVE, KOTHAPETA VILLAGE, VETAPALEM MANDAL, PRAKASHAM DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, PRAKASHAM DISTRICT. THE DISTRICT PANCHAYAT OFFICER, ONGOLE, PRAKAS THE MANDAL PARISHAD DEVELOPMENT OFFICER, VETAPALEM MANDAL, PRAKASHAM DISTRICT. THE PANCHAYAT SECRETARY, KOTHAPETA VILLAGE GRAMA PANCHAYAT, VETAPALEM MANDAL, PRAKASHAM DISTRICT. THE ONGOLE URBAN DEVELOPMENT AUTHORITY, REP. BY CHAIRMAN, SANTHAPET, ONGOLE, PRAKASHAM DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3332] THURSDAY,THE SIXTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI PARUCHURI PANDU KUMAR, S/O NARASIMHA RAO, HINDU, AGED ABOUT 35 YEARS, R/O FLAT .NO.2, GROUND FLOOR, D.NO.13-86- 3B2, SRI DURGA ENCLAVE, KOTHAPETA VILLAGE, VETAPALEM ...PETITIONER PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, THE DISTRICT COLLECTOR, PRAKASHAM DISTRICT. THE DISTRICT PANCHAYAT OFFICER, ONGOLE, PRAKASHAM THE MANDAL PARISHAD DEVELOPMENT OFFICER, VETAPALEM THE PANCHAYAT SECRETARY, KOTHAPETA VILLAGE GRAMA PANCHAYAT, VETAPALEM MANDAL, PRAKASHAM DISTRICT. THE ONGOLE URBAN DEVELOPMENT AUTHORITY, REP. BY ITS CHAIRMAN, SANTHAPET, ONGOLE, PRAKASHAM DISTRICT. 7. MALEMPATI RAVI KUMAR, S/O NOT KNOW TO THE PETITIONER, R/O D.NO.13-86-3B2, SRI DURGA ENCLAVE, KOTHAPETA VILLAGE, VETAPALEM MANDAL, PRAKASHAM 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, Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the Respondents in removing the illegal construction of flats in stilt/parking area in Sri Durga Enclave, constructed in an extent of Ac.0-06 cents, situated in Survey No.125/1, Block No.13, Kothapeta Panchayat, Vetapalem Mandal, is illegal, arbitrary, unconstitutional, contrary to the A.P. Panchayat Raj Act and consequently direct the Respondents to remove the illegal, unauthorized structures in stilt/parking area in Sri Durga Enclave, constructed in an extent of Ac.0- 06 cents, situated in Survey No.125/1, Block No.13, Kothapeta Panchayat, Vetapalem Mandal 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 5th Respondent to dispose of the Petitioner's representation dt.01-12-2022 and pass Counsel for the Petitioner: 1. A SYAM SUNDAR REDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. KOMMASANI SRINIVASULA REDDY SC FOR URBAN DEVELOPMENT AUTHORITIES 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: ORDER This writ has been filed questioning the inaction of the official respondents in removing the illegal construction of flats in stilt/parking area in Sri Durga Enclave, situated in an extent of Ac.0-06 cents in Survey No.125/1, Block No.13, Kothapet Panchayat, Vetapalem Mandal. 2. Heard Sri Chiranjeevi Babu, learned counsel, representing Sri A.SyamSundar Reddy, learned counsel for petitioner, Sri M.Sudheer, learned Standing Counsel for Gram panchayat and Ms.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj. 3. Sri Chiranjeevi Babu, learned counsel, while reiterating the contents of the writ affidavit would contend that though a representation was submitted to the authorities, they are not taking steps to remove the construction of flats made in the stilt/parking area. 4. Sri M.Sudheer, learned Standing Counsel would contend that the unofficial respondent without any permission from the Gram Panchayat had made constructions and the authorities are contemplating to take steps in accordance with law. 5. In reply, learned counsel for the petitioner submitted that the writ petition may be disposed of, recording the submission made by learned Standing Counsel. 6. This Court ordered personal notice to respondent no.7 and the same was returned unserved with endorsement “addressee left”. As no positive direction is going to be given affecting rights of respondent no.7 and as the authorities are intending to take action in accordance with law, which necessarily include putting the respondent no.7 on notice besides providing personal hearing, this writ petition can be disposed of, in the absence of respondent no.7. 7. In view of the above, this writ petition is disposed of, directing the authority concerned to take action on the constructions, if any, made by respondent no.7 in stilt/ parking area, in accordance with law by issuing show cause notice, providing an opportunity of being heard to respondent no.7, pass reasoned order and communicate the same to respondent no.7. The entire exercise shall be completed as expeditiously as possible, at any rate not later than three (03) months from the date of receipt of copy of the order. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. JUSTICE RAVI CHEEMALAPATI RR