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High Court of Andhra Pradesh · body

2025 DAILYLAW 55289 (AP)

GATTU JYOTHI v. THE STATE OF AP

WP/11622/2023 · 2025-11-30

Ravi Cheemalapati

Public Interest Litigationbody2025

Judgment text

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APHC010222302023 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: 11622/2023 Between: 1. GATTU JYOTHI, W/O GATTU SURENDRA BABU, AGED ABOUT 47 YEARS, OCC- HOUSE WIFE, RESIDENT OF D.NO.2 STREET, SADUM VILLAGE AND MANDAL, CHITTOOR DISTRICT. 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ 86 RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT AT RAYACHOTY. 3. THE TAHSILDAR, PILER MANDAL, ANNAMAYYA DISTRICT. 4. THE GUDAREVUPALLI GRAMPANCHAYAT, REP. PANCHAYAT SECRETARY, PILER MANDAL, ANNAMAYYA DISTRICT. 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 Writ, or Direction especially one in the nature of Writ of Mandamus declaring the action of the respondents 3 and 4 in trying to demolish the structures made by the petitioner in an extent of 50.38 Ankanams in Sy.No.202/4, (Plot No.11), situated in G Mandal, Annamayya District without following due process of law is illegal, arbitrary, highhanded and violation of principles of natural justice and 1 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: 11622/2023 GATTU JYOTHI, W/O GATTU SURENDRA BABU, AGED ABOUT 47 HOUSE WIFE, RESIDENT OF D.NO.2 STREET, SADUM VILLAGE AND MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ 86 RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT AT THE TAHSILDAR, PILER MANDAL, ANNAMAYYA DISTRICT. THE GUDAREVUPALLI GRAMPANCHAYAT, REP. PANCHAYAT SECRETARY, PILER MANDAL, ANNAMAYYA ...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 issue Writ, or Direction especially one in the nature of Writ of Mandamus declaring the action of the respondents 3 and 4 in trying to demolish the structures made by the petitioner in an extent of 50.38 Ankanams in Sy.No.202/4, (Plot No.11), situated in Gudarevupalli village, Piler Mandal, Annamayya District without following due process of law is illegal, arbitrary, highhanded and violation of principles of natural justice and RC,J W.P.No.11622 of 2023 IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY,THE FIRST DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI GATTU JYOTHI, W/O GATTU SURENDRA BABU, AGED ABOUT 47 HOUSE WIFE, RESIDENT OF D.NO.2-65-1, BALIJA STREET, SADUM VILLAGE AND MANDAL, CHITTOOR DISTRICT. ...PETITIONER THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ 86 RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT AT THE TAHSILDAR, PILER MANDAL, ANNAMAYYA DISTRICT. THE GUDAREVUPALLI GRAMPANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, PILER MANDAL, ANNAMAYYA ...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 issue Writ, or Direction especially one in the nature of Writ of Mandamus declaring the action of the respondents 3 and 4 in trying to demolish the structures made by the petitioner in an extent of 50.38 udarevupalli village, Piler Mandal, Annamayya District without following due process of law is illegal, arbitrary, highhanded and violation of principles of natural justice and RC,J W.P.No.11622 of 2023 2 consequently direct the respondents 3 and 4 not to demolish the structures made by the petitioner 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 to direct the respondents 3 and 4 not to demolish the structures made by the petitioner in an extent of 50.38 Ankanams in Sy.No.202/ 4, (Plot No.11), situated in Gudarevupalli village, Piler Mandal, Annamayya District, pending disposal of the Writ petition before this Honourable court, and pass Counsel for the Petitioner: 1. VUTUPALLI RAJANNA Counsel for the Respondent(S): 1. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 2. GP FOR REVENUE 3. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: RC,J W.P.No.11622 of 2023 3 ORDER This Writ Petition is filed questioning the action of respondent nos. 3 and 4 in trying to demolish the structures made by the petitioner in an extent of 50.38 Ankanams in Survey No.202/4 (Plot No.11) situated in Gudarevupalli Village, Piler Mandal, Annamayya District, without following due process of law. 2. Heard Sri Vutupalli Rajanna, learned counsel for the petitioner, and Sri M.Sudheer, learned Standing Counsel for Gram Panchayat. 3. Learned Standing Counsel brought to the notice of this Court that the petitioner, without obtaining building permission, made some constructions and the authorities would take steps in accordance with law. 4. Sri Vutupalli Rajanna, learned counsel for the petitioner, prayed to dispose of the writ petition recording the submissions made by learned Standing Counsel. 5. The authorities are trying to demolish the structures made by the petitioner without following due process of law is the grievance of the petitioner. Since the learned Standing Counsel submitted that the authorities would take steps in accordance with law, this writ petition can be disposed of. RC,J W.P.No.11622 of 2023 4 6. Accordingly, this writ petition is disposed of, directing the authorities not to demolish the structures, except under due process of law. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI DATED: 1ST DAY OF DECEMBER, 2025. RR