APHC010145152020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI i (Special Original Jurisdiction) |{ THURSDAY.THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8828 OF 2020 Between: 1. Ravada Nagaraju, S/o Late R. Papayya, Aged- 42 years, Occ- L.N.Peta Mandal, Cultivation, R/o Gottipalli Gram Panchayat Srikakulam District. 2. Ravada Krishnamurthy, S/o Late R. Chinnappadu, Aged- 45 years Occ- Cultivation, Rio Gottipalli Gram Panchayat, L.N.Peta Mandal Srikakulam District. ...Petitioners AND Principal Secretary to Panchayat Raj and Rural Development Department, 1. State of Andhra Pradesh, Rep. by its Government, Secretariat, Amaravathi, Guntur. 2. District Collector Panchayat Wing, Srikakulam District at Srikakulam. 3. Assistant Engineer/Mandal Engineering Officer, Panchayat Raj Department, O/o Mandal Parishad Development Office, Mandal Praja Parishad, L.N.Peta Mandal, Srikakulam District. 4. Mandal Parishad Development Officer, Mandal Praja Parishad, L.N.Peta Mandal, Srikakulam District. 5. Gottipalli Gram Panchayat, Rep. by its Executive Authority-cum- Panchayat Secretary, Gottipalli Village, L.N.Peta Mandal, Srikakulam District. ...Respondents y:;'V 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 a Writ, order or direction more particularly in the nature of WRIT OF MANDAMUS declaring the action of the respondents in insisting the their land admeasuring Ac.0.11 cents in Survey petitioners to vacate from No.63/1 situated in Gottipalli Gram Panchayat of L.N.Peta Mandal of Srikakulam District and consequential action of the respondents in taking steps to construct 'Grama Sachivalayam' building in the petitioners' above said private patta land as illegal, irregular, irrational, without any authority of law, violative of provisions of Andhra Pradesh Panchayat Raj Act, 1994 and rules framed thereunder and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to evict the petitioners and not to execute any construction work of 'Grama Sachivalayam' building in petitioners' said land. lA NO: 1 OF 2020 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 undertake construction of 'Grams Sachivalayam' Survey No.63/1 building in petitioners' land admeasuring Ac.0.11 cents in situated in Gottipaili Gram Panchayat of L.N.Peta Mandal of Srikakulam District, pending disposal of the above writ petition. lA 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 be to vacate the interim order dt. 21.05.2020 in WP No. 8828 of 2020 pending disposal of above writ petition, in the interest of justice. Counsel for the Petitioners: SRI M SOLOMON RAJU Counsel for the Respondents No.1 to 4: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.5: SRI Y KOTESWARA RAO (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following Order: r ;:1:: APHC010145152020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8828/2020 [3329] Between: 1.RAVADA NAGARAJU,, S/0 LATE R. PAPAYYA, AGED- 42 YEARS, OCC- CULTIVATION, R/0 GOTTIPALLI GRAM PANCHAYAT, L.N.PETA MANDAL, SRIKAKULAM DISTRICT. 2.RAVADA KRISHNAMURTHY,, S/0 LATE R. AGED- 45 YEARS, OCC- CHINNAPPADU CULTIVATION, RIO GOTTIPALLI GRAM PANCHAYAT, L.N.PETA MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER(S) AND ESTATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR. 2. DISTRICT COLLECTOR PANCHAYAT WING, SRIKAKULAM DISTRICT AT SRIKAKULAM. 3.ASSISTANT ENGINEER/MANDAL ENGINEERING OFFICER, PANCHAYAT RAJ DEPARTMENT, 0/0 MANDAL PARISHAD DEVELOPMENT OFFICE, MANDAL PRAJA PARISHAD, L.N.PETA MANDAL, SRIKAKULAM DISTRICT. 4. MANDAL PARISHAD DEVELOPMENT OFFICER, MANDAL PRAJA PARISHAD, L.N.PETA MANDAL, SRIKAKULAM DISTRICT. 5. GOTTIPALLI GRAM PANCHAYAT, REP. BY ITS AUTHORITY-CUM-PANCHAYAT GOTTIPALLI VILLAGE, L.N.PETA EXECUTIVE SECRETARY MANDAL, SRIKAKULAM DISTRICT. ...RESPONDENT(S): The Court made the following ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: ‘‘to issue a particularly in the nature of WRIT OF MANDAMUS declaring the action of the respondents in insisting the petitioners to vacate from their land admeasuring Ac.0.11 cents in Survey No.63/1 situated in Gottipalli Gram Panchayat of LN.Peta Mandal of Srikakulam District and consequential action of the respondents in^ taking steps to construct 'Grama Sachivalayam' building in the petitioners' above said private patta land illegal, irregular, irrational, without any authority of violative of provisions of Andhra Pradesh Panchayat Paj Act, 1994 and rules framed thereunder and offends Articles 14,21 and 300-A of Constitution of India and consequently direct the respondents not to evict the petitioners and not to execute any construction work of 'Grama Sachivalayam building petitioners' said land and to pass....’’ 1. Writ, order or direction more as law. in The case of the petitioners is that the petitioners are the absolute owners and possessors of the subject land admeasuring to an extent of Ac.0.11 cents in S.Y. No.63/1, situated in Gottipalli Gram Panchayat of L.N. Peta Mandal, Srikakulam District, having acquired the subject property through their ancestors by way of succession. The petitioners have been in continuous possession and enjoyment of the subject property without any interruption. 2. 3. The learned counsel for the petitioners submits that the respondent authorities are proceeding with the construction of a Grama Sachivalayam building in the petitioners’ subject land without issuing any notice and without following the due procedure contemplated under Section 30 of the Andhra Pradesh Land Acquisition Act, 2013, besides being in violation of the provisions of the Andhra Pradesh Panchayat Raj Act, 1994, and the rules made there under. Hence, the present writ petition. th On the other hand, the learned Standing counsel for the 5 4. respondent Gram Panchayat filed the counter affidavit wherein it is stated that:- “It is submitted that the Gram Panchayat has not interfering into the petitioner land, therefore the petitioner land is situated beside the subject land Ac. 0.11 cents in Sy. No. 63/1 situated in Gottipalli Gram Panchayat of L.N.Peta Mandal of Srikakulam District. The petitioner herein deliberately alleging about the Gram Panchayat after commencing the construction of Sachivalayam. Hence the petitioner contention is absolutely false and there is no point to be raised. Hence, now the construction of Sachivalayam has been kept hold because of the Interim order of this Hon’ble Court”. The learned Standing Counsel for the 5*^ respondent Gram 5. Panchayat further submits that, at the time of admission of the writ 4 petition, this Court was pleased to pass an interim order dated 21.05.2020, directing the respondents to maintain ‘status quo’ in respect of the subject property of the petitioner. Pursuant to the said interim order, the respondent authorities did not interfere with the peaceful possession and enjoyment of the subject property, and no construction has taken place in respect of the subject property by the respondent authorities. Considering the submissions made by the learned counsel 6. th for the petitioner and the learned Standing Counsel for the 5 respondent Gram Panchayat, and on perusal of the material available on record, and in view of the clear and categorical admission made by the learned Standing Counsel for the 5^^ respondent Gram Panchayat and part of the respondents by way of filing the counter affidavit that the respondents are not interfering with the peaceful possession and enjoyment of the subject property, nor taking any steps for construction of the Grama Sachivalayam in respect of the subject property, and the same was confirmed by the petitioner, this Court holds that the interim order dated 21.05.2020 has been complied with by the respondents. However, if the respondent authorities are trying to take any action 'm. 5 respect of the subject property and to proceed with construction affecting the peaceful possession and enjoyment of the subject property of the petitioner, they shall follow due of law as contemplated under law. in any process 7. With the above direction, the writ petition is disposed of. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR vv //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government, Panchayat Raj and Rural Development Department, Secretariat, Amaravathi, Guntur. 2. The District Collector Panchayat Wing, Srikakulam District at Srikakulam. 3. The Assistant Engineer/Mandal Engineering Officer, Panchayat Raj Department, O/o Mandal Parishad Development Office, Mandal Praja Parishad, L.N.Peta Mandal, Srikakulam District. 4. The Mandal Parishad Development Officer, Mandal Praja Parishad, L.N.Peta Mandal, Srikakulam District. 5. The Executive Authority-cum-Panchayat Secretary, Gottipalli Gram Panchayat, Gottipalli Village, L.N.Peta Mandal, Srikakulam District. 6. One CC to Sri M SOLOMON RAJU, Advocate [OPUC] 7. Two CCs to GP for PANCHAYAT RAJ & RURAL DEV High Court of Andhra Pradesh [OUT] 8. One CC to Sri Y KOTESWARA RAO, (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) [OPUC] 9. Two CD Copies Vna (gsg) HIGH COURT DATED:11/09/2025 ORDER S.1 WP NO. 8828 OF 2020 ) 16 OCT 2025 «9' 09 irrentSectio|^« DISPOSING OF THE WRIT PETITION WITHOUT COSTS