RC,J W.P.No.2320 of 2023 1 APHC010046822023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 2320/2023 Between: 1. PERUBOYINA VENKATESWARA RAO, S/O. VENKATA NARAYANA, AGED ABOUT 35 YEARS, R/O. D.NO. 1-95, VENKATAPURAM VILLAGE, MOPIDEVI MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, AMRAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER, PANCHAYATH RAJ AND RURAL DEVELOPMENT, TADEPALLI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, KRISHNA, MACHILIPATNAM, KRISHNA DISTRICT. 4. THE TAHSILDAR, MOPIDEVI MANDAL, KRISHNA DISTRICT. 5. THE MANDAL PRAJA PARISHAD DEVELOPMENT OFFICER, MOPIDEVI MANDAL, KRISHNA DISTRICT. 6. GRAMA SACHIVALAYAM, VENKATAPURAM, REP BY ITS VILLAGE SECRETARY, MOPIDEVI MANDAL, KRISHNA DISTRICT. RC,J W.P.No.2320 of 2023 2 ...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in construction of Grama Sachivalayam in RS. No. 63-10-A in the Harijana wada Gramakantam meant for communal purpose of Venkatapuram Village, Mopidevi Mandal, Krishna District is arbitrary, illegal and violative of the constitution of India and consequently direct the respondents not to take any construction activities in RS. No. 63-10-A of Hariajana Wada Gramakantam, Venkatapuram Village, Mopidevi Mandal, Krishna District and pass such other order or orders as this Hon'ble court deem fit and proper. 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 to direct the respondents not to construct the Grama Sachivalayam in RS. No. 63- I OA of Harijana Wada Gramakantam of Venkatapuram Village, Mopidevi Mandal, Krishna District, pending disposal of the above writ petition and pass such other orders as may be deem fit and proper in the circumstances of the case. 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 to implead the Petitioner/Proposed Respondent No.7 herein as Respondent No.7 in W.P.No.2320 of 2023. 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 to vacate the interim order dt. 8.2.2023 pursuant to in WP No. 2320 of 2023 and to dismiss above writ petition, in the interest of justice. IA NO: 4 OF 2023 RC,J W.P.No.2320 of 2023 3 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 vacate the interim orders issued in W.P.No.2320/2023 dated 08.02.2023 and dismiss the Writ Petition. Counsel for the Petitioner: 1. GHANTASALA UDAYA BHASKAR 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. N SRIHARI (Standing Counsel for MPP ZPP and GRAM PANCHAYAT) The Court made the following: ORDER The grievance of the petitioner is that respondents are contemplating to construct Grama Sachivalayam in RS.No.63-10-A in Harijana Wada Gramakantam, which is meant for communal purposes of Venkatapuram village, Mopidevi Mandal, Krishna District. 2. Heard Sri Ghantasala Udaya Bhaskar, learned counsel for petitioner, Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat and Ms.Naga Chandrika, learned Assistant Government Pleader, for Panchayat Raj. 3. Sri Ghantasala Udaya Bhaskar, learned counsel for the petitioner, while reiterating the contents of the writ affidavit would contend that the subject site is classified as Grama Kantam meant for communal purpose and RC,J W.P.No.2320 of 2023 4 no constructions of whatsoever manner can be made therein. However, the respondent authorities in violation of law are contemplating to construct Grama Sachivalayam in the subject property. Accordingly, prayed to allow the writ petition. 3. Sri Y. Koteswara Rao, learned Standing counsel, on instructions submitted that as of now there is no proposal for construction of Grama Sachivalayam in the subject property as alleged by the petitioner and in case the authorities propose to make constructions, they would follow due process of law. 4. Sri Venkaya Satyanarayana, learned Assistant Government Pleader for Revenue, on counter, submitted that the subject land is a government land but not Gramakantam as alleged by the petitioner and the subject land is very useful for construction of Grama Sachivalayam. 5. In reply, learned counsel for the petitioner submitted that the FLR extract filed along with the counter-affidavit of Revenue itself would show that the subject site is Harijanawada Gramakantam and hence the revenue authorities will not have any control over the said property and the subject property cannot be used for any other purpose except for communal purpose of the villagers. RC,J W.P.No.2320 of 2023 5 6. Perusal of the FLR extract filed along with the counter-affidavit of revenue would show that the subject property is classified as Gramakatam and therefore, without following the procedure contemplated under law for denotification of the subject land, the revenue department cannot make any constructions therein. According to Gram Panchayat, as of now there is no proposal for construction of Gramasachivalayam in the subject property. 7. In view of the above, the writ petition is disposed of, directing the authorities to follow due process of law if they want to make any constructions in the subject property. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. JUSTICE RAVI CHEEMALAPATI RR