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2025 DAILYLAW 55704 (AP)

Vedula Shanmukha Priya v. The State of Andhra Pradesh

WP/33163/2025 · 2025-12-04

Ravi Cheemalapati

body2025

Judgment text

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APHC010638422025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 33163/2025 Between: 1. VEDULA SHANMUKHA PRIYA, D/O LATE VEDULA SUBBARAM AGED ABOUT 52 YRS. CLASSICAL SINGER, R/O H.N0.5 TIRUVANMIYUR, LB ROAD, TIRUVANMIYUR VILLAGE/TOWN, VELACHERRY, CHENNAI 2. VEDULA HARI PRIYA, D/O LATE VEDULA SUBBARAM AGED ABOUT 50 YRS. CLASSICAL SINGER, R/O H.N0.5 TIRUVANMIYUR, LB ROAD, TIRUVANMIYUR VILLAGE/TOWN, VELACHERRY, CHENNAI 3. SIKHA ANASUYA, W/O SRIRAMA MURTHY HOUSE WIFE, AGED ABOUT 74 YRS. R/O PLOT NO. 29, MIG VANASTHALIPURAM, HYD 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, PANCHAYATRAJ DEPARTMENT SECRETARIAT, VELAGAPUDI 522238 AMARAVATI, GUNTUR DIST 2. THE DISTRICT COLLECTOR, DR BRA KONASEEMA DISTRICT, AMALAPURAM-533201. 3. THE DISTRICT PANCHAYAT OFFICER, DR BRA KONASEEMA DISTRICT, AMALPAURAM 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 33163/2025 VEDULA SHANMUKHA PRIYA, D/O LATE VEDULA SUBBARAM AGED ABOUT 52 YRS. CLASSICAL SINGER, R/O H.N0.5 TIRUVANMIYUR, LB ROAD, TIRUVANMIYUR VILLAGE/TOWN, VELACHERRY, CHENNAI-600042. VEDULA HARI PRIYA, D/O LATE VEDULA SUBBARAM AGED ABOUT 50 YRS. CLASSICAL SINGER, R/O H.N0.5 TIRUVANMIYUR, LB ROAD, TIRUVANMIYUR VILLAGE/TOWN, VELACHERRY, CHENNAI-600042. SIKHA ANASUYA, W/O SRIRAMA MURTHY HOUSE WIFE, AGED ABOUT 74 YRS. R/O PLOT NO. 29, MIG- VANASTHALIPURAM, HYDERABAD-500070. ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, PANCHAYATRAJ DEPARTMENT SECRETARIAT, VELAGAPUDI 522238 AMARAVATI, GUNTUR DIST THE DISTRICT COLLECTOR, DR BRA KONASEEMA DISTRICT, 533201. HE DISTRICT PANCHAYAT OFFICER, DR BRA KONASEEMA DISTRICT, AMALPAURAM-533201. RC,J W.P.No.33163 of 2025 IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI VEDULA SHANMUKHA PRIYA, D/O LATE VEDULA SUBBARAM AGED ABOUT 52 YRS. CLASSICAL SINGER, R/O H.N0.5-B1/95, TIRUVANMIYUR, LB ROAD, TIRUVANMIYUR VILLAGE/TOWN, VEDULA HARI PRIYA, D/O LATE VEDULA SUBBARAM AGED ABOUT 50 YRS. CLASSICAL SINGER, R/O H.N0.5-B1/95, TIRUVANMIYUR, LB ROAD, TIRUVANMIYUR VILLAGE/TOWN, SIKHA ANASUYA, W/O SRIRAMA MURTHY HOUSE WIFE, AGED - PHASE 1, ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, PANCHAYATRAJ DEPARTMENT SECRETARIAT, VELAGAPUDI- THE DISTRICT COLLECTOR, DR BRA KONASEEMA DISTRICT, HE DISTRICT PANCHAYAT OFFICER, DR BRA KONASEEMA RC,J W.P.No.33163 of 2025 2 4. THE GRAMPANCHAYAT SAKURRU, REPRESENTED BY ITS SECRETARY, SAKURRU (V)-533221. AMALAPURAM MANDAL DR BRA KONASEEMA DISTRICT. 5. VEDULA VISWANADHAM, S/O LATE RAMAM HINDU, EMPLOYEE AGED 52 FLAT NO. 145, H.NO. 5-12-196, NUNJUGAPUR COLONY, MOULALI, SECUNDERABAD. 500040. 6. VEDULA SURYA NARAYANA MURTHY BHASKARA RAO, S/O LATE RAMAM AGED ABOUT 40 YRS. EMPLOYEE, R/O FLAT NO. 204, 2ND FLOOR, SAIKRUPA RESIDENCY, H.NO. 6-4-322, NEAR LAYOLA MODEL HIGH SCHOOL, VANASTALIPURAM. HYDERABAD-500070 ...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 in action of the respondents 2 to 4 as against the complaint of the petitioner No.l Dt. 19-08-2025 and allowing the respondents 5 and 6 to make illegal constructions in an extent of Ac.0.18cents in R.S.No.81 of Sakurru (v) of Amalapuram Mandal of Dr BRA Konaseema District without any approved plan/permissions and in violation of the provisions of the A.P.Panchayat Raj Act 1994 and contrary to the building rules thereunder, as illegal, aribitrary and violative of the principles of natural justice and consequently direct the respondents 2 to 4 to take immediate action for demolition of the illegal constructions made by the respondents 5 and 6 and grant 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 order grant of interim order directing the respondents to stop all further constructions being undertaken by the respondents 5 & 6 without obtaining any approved plan/permissions in an extent of Ac.O.lScents in R.S.No.81 of Sakurru (v) of Amalapuram Mandal of Dr BRA Konaseema District and in violation of the provisions of the AP Panchayat Raj Act 1994 pending disposal of the present writ petition and grant Counsel for the Petitioner(S): RC,J W.P.No.33163 of 2025 3 1. SRINIVASA RAO PAPPU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV RC,J W.P.No.33163 of 2025 4 ORDER Questioning the inaction of respondent nos.2 to 4 in taking action against the illegal constructions being made by respondent nos. 5 and 6 without any building permission/plan in an extent of Ac.0-18 cents in R.S.No.81 of Sakuru village of Amalapuram Mandal of Dr.B.R.Ambedkar Konaseema District, despite the complaint made by the petitioner no.1 on 19.08.2025. 2. Despite granting sufficient time for getting instructions, neither the learned Standing Counsel nor the Assistant Government Pleader placed on record any instructions. They even failed to place any material on record to show that the liaison personnel sent any letter or communication to the concerned officials seeking instructions in the matter. Further, even though the Commissioner of the concerned department was requested to ensure prompt sending of instructions, there is no development in the situation. 3. In view of the above, this writ petition can be disposed of giving suitable directions to the authorities. As no adverse orders are being passed against respondent nos. 5 and 6, needless to keep the matter pending for sending notices and inviting their counters. 4. Accordingly, this writ petition is disposed of, directing the concerned authorities to look into the grievance of the petitioner in their complaint dated 19.08.2025 and in case any constructions are being raised in the subject RC,J W.P.No.33163 of 2025 5 premises without obtaining any permission and plan, the authorities shall take action against such constructions, however, strictly in accordance with law. In case, the contents of the complaint are found false, the authorities shall communicate the same to the petitioners in writing. The entire exercise shall be completed within a period of two (02) months from the date of receipt of copy of this order. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI DATED: 5TH DECEMBER, 2025. RR