APHC010394122024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 20024/2024 Between: 1. KANIS FATHIMA KHATHUN, W/O. FARIDUDDIN KARIMI NOORI, AGED ABOUT 40 YEARS, OCC HOUSE WIFE, R/O. DOOR NO. 4- 122, KALLUKUNTA VILLAGE, PEDDAKADABUR MANDAL, KURNOOL DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS , PRINCIPAL SECRETARY, PANCHAYATH RAJ AND RURAL DEVELOPMENT DEPARTMENT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT PANCHAYATH OFFICER, KURNOOL DISTRICT, KURNOOL. 3. THE MANDAL PARISHAD DEVELOPMENT OFFICER, PEDDAKADABUR MANDAL, KURNOOL DISTRICT. 4. THE KALLUKUNTA GRAMA PANCHAYATH, REP.BY ITS PANCHAYATH SECRETARY, KALLUKUNTA VILLAGE, PEDDAKADUBUR MANDAL, KURNOOL DISTRICT 5. SMT KHUTUJA BEE, , W/O. MOHAMMAD DESAI, AGED ABOUT 38 YEARS, OCC HOUSE WIFE, R/O. D.NO. 5-44, KALLUKUNTA VILLAGE, PEDDAKADABUR MANDAL, KURNOOL DISTRICT ...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 an appropriate writ of mandamus declaring the action of the respondent No. 3 and 4 in not taking any action to remove the illegal/unauthorized construction of 5 respondent by encroaching the petitioner land without obtaining permission from the Grama Panchayath for an extent of Ac. 0.50 cents in Sy. No. 315/1 situated at Kallukunta Village, Peddakadabur Mandal bounded by East Mohammad Desai, West Sayyad Dadapeer Khadri and Tombs of their ancestral, North Vanka, South Hameed Desai., though petitioner made representation by way of legal notice dated 27.06.2024 as illegal, arbitrary and violative of Article 14, 21 of Constitution of India and also violative of AP Grama Panchayath Act and consequently direct the unauthorized construction of 5th respondents No.3 and 4 to remove respondent by encroaching upon petitioners land in above schedule property forthwith and pass IA NO: 1 OF 2024 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 t to direct the respondents No.3 and 4 to remove unauthorized construction of 5 respondent by encroaching upon petitioners land an extent of Ac. 0.50 cents in Sy. 0.50 cents in Sy. No. 315/1 situated at Kallukunta Village, Peddakadabur Mandal bounded by East: Mohammad Desai, West; Sayyad Dadapeer Khadri and Tombs of their ancestral, Nort: Vanka, South: Hameed Desai forthwith and pass Counsel for the Petitioner: 1. KALE VIJAYA RAJU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. O UDAYA KUMAR The Court made the following: ORDER: Questioning the action of respondent Nos.3 & 4 in not taking any action in removing the illegal/unauthorized construction of respondent No.5 by encroaching the land of the petitioner admeasuring Ac.0.50 cents in Sy.No.315/1 situated at Kallukunta Village, Peddakadabur Mandal, without obtaining permission from the Gram Panchayat, the present writ petition is filed. 2. Heard Sri Kale Vijaya Raju, learned counsel for the petitioner, Ms.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and Sri O.Uday Kumar, learned counsel for the respondents. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that the petitioner is the absolute owner and possessor of the subject property and respondent No.5 has encroached the subject land and trying to construct a house without obtaining any permission from the Gram Panchayat. While so, petitioner made a representation by way of legal notice dated 27.06.2024 requesting the authorities to take action against the unauthorized construction. As no action has been taken by the authorities on the said representation, he approached this Court by way of present writ petition. He further submitted that it would suffice for the time being if a direction is given to the respondents to take necessary action on the representation of the petitioner in a time bound manner, accordingly, prayed to pass appropriate orders. 4. On the other hand, learned Assistant Government Pleader submitted that theauthorities would take necessary action in accordance with law. 5. Perused the record and considered the submissions made by the learned counsel. 6. The main contention of the petitioner is that the respondents are not taking any action on the representation dated 27.06.2024 made by the petitioner for removing the unauthorized construction being made by the unofficial respondent. However, as the respondent authorities are willing to take steps on the representation of the petitioner, this Court, without going into the merits and demerits of the matter, is inclined to dispose of the writ petition at admission stage. 7. Accordingly, the Writ Petition is disposed of. The respondents are directed to consider the representationmade by the petitioner and in case it is found that constructions are illegal, they shall take steps, in accordance with law and communicate the same to the petitioner within a period of three (03) months from the date of receipt of a copy of this order. If there are any civil disputes, the petitioner has to approach competent civil Court for redressal of grievance.There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 28th October, 2025 RKS