APHC010043702023 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 2131/2023 Between: 1. PITANI AMMANI, W/O SRI SATYANARAYANA, HINDU, AGE 49 YEARS, OCC HOUSE WIFE, R/O DOOR NO. 12 SAVARAM, ANAPARTHI 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPT., A.P. SECRETARIAT, VELAGAPUDI DISTRICT 2. THE DISTRICT COLLECTOR PANCHAYAT WING, EAST GODAVARI DISTRICT AT RAJAMAHENDRAVARAM 3. THE TAHSILDAR, ANAPARTHI 4. GRAM PANCHAYAT, ANAPARTHI EAST GODAVARI DISTRICT REP. BY ITS PANCHAYAT SECRETARY Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the 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 proposing to demolish the structures of the petiti Door No. 12-169/1A and proposing to close the northern side access to the IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 2131/2023 PITANI AMMANI, W/O SRI SATYANARAYANA, HINDU, AGE 49 YEARS, OCC HOUSE WIFE, R/O DOOR NO. 12-169/1A, ANAPARTHI SAVARAM, ANAPARTHI - 533 342, EAST GODAVARI DISTRICT ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPT., A.P. SECRETARIAT, VELAGAPUDI - 522 503, GUNTUR THE DISTRICT COLLECTOR PANCHAYAT WING, EAST GODAVARI DISTRICT AT RAJAMAHENDRAVARAM - 530 103 THE TAHSILDAR, ANAPARTHI - 533 342 EAST GODAVARI DISTRICT GRAM PANCHAYAT, ANAPARTHI - 533 342, ANAPARTHI MANDAL, EAST GODAVARI DISTRICT REP. BY ITS PANCHAYAT ...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 an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in proposing to demolish the structures of the petitioner's residential house with 169/1A and proposing to close the northern side access to the IN THE HIGH COURT OF ANDHRA PRADESH [3332] TUESDAY,THE FOURTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI PITANI AMMANI, W/O SRI SATYANARAYANA, HINDU, AGE 49 169/1A, ANAPARTHI 533 342, EAST GODAVARI DISTRICT ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL. BY ITS PRL. SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT 522 503, GUNTUR THE DISTRICT COLLECTOR PANCHAYAT WING, EAST GODAVARI AVARI DISTRICT 533 342, ANAPARTHI MANDAL, EAST GODAVARI DISTRICT REP. BY ITS PANCHAYAT ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the affidavit filed therewith, the High Court may be issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in oner's residential house with 169/1A and proposing to close the northern side access to the said building situated in Sy.No. 804/6 in Anaparthi Savaram, Anaparthi Village and Mandal, East Godavari District as illegal, arbitrary and in violation of the principles of natural justice and consequently direct the Respondents herein not to interfere with the possession and enjoyment of the petitioner's residential house with Door No. 12-169/1A and the northern side access to the said building situated in Sy.No. 804/6 in Anaparthi Savaram, Anaparthi Village and Mandal, East Godavari District 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 grant stay of demolition of the structure of the petitioner's residential house with Door No. 12-169/1A including closure of the northern side access to the said building situated in Sy.No. 804/6 in Anaparthi Savaram, Anaparthi Village & Mandal, East Godavari District, pending disposal of the present Writ Petition. 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 vacate the interim order dt. 30-01-2023 pursuant to in IA.No.1/2023 in the WP.No. 2131 of 2023 and to dismiss above writ petition in the interest of justice. 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 dated 30.01.2023 in W.P.No.2131 of 2023 and also prayed the Hon'ble Court to dismiss the writ petition. Counsel for the Petitioner: 1. N SIVA REDDY 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) The Court made the following: ORDER The grievance of the petitioner is that the respondents are proposing to demolish the structures of his residential house bearing Door No.12-169/1A situated in Survey No.804/6 in Anaparthi Village & Mandal, East Godavari District and proposing to close the northern side access to the said building. 2. Heard Sri N.Siva Reddy, learned counsel for petitioner, Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat, Ms.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and Sri Venkata Satyanarayana, learned Assistant Government Pleader for Revenue. 3. Sri Venkata Satyanarayana, learned Assistant Government Pleader for Revenue, on counter, submitted that the subject issue is not related to Revenue and it is related to Gram Panchayat. 3. Sri Y.Koteswara Rao, learned Standing counsel, while reiterating the contents of the counter, submitted that the petitioner made constructions by deviating the approved plan and on the requisition made to revenue department, the village surveyor conducted survey and submitted report, which shows that the petitioner made constructions by encroaching the school site and road. He would further contend that the Panchayat had never contemplated to demolish the structures without following the due procedure and they would follow procedure before taking steps to demolish the structure made by the petitioner by encroaching the site belonging to the school and road. Accordingly, prayed to pass appropriate orders. 4. Sri N.Siva Reddy, learned counsel for the petitioner, prayed to record the submissions made by learned counsel for respondents and dispose of the writ petition. 5. In view of the contents of the counter affidavit filed by Gram Panchayat that the authorities would follow due process of law before taking steps to demolish the structures made by the petitioner in the site belonging to school and road, this writ petition can be disposed of. 6. Accordingly, this writ petition is disposed of, directing the respondents not to demolish the residential house of the petitioner 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 RR