APHC010299372025 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: 14900/2025 Between: 1. AVVARI RAJYA LAKSHMI, W/O. LATE. RAJASEKHAR, AGED ABOUT 40 YEARS, OCC HOUSEWIFE, R/O. PONDURU VILLAGE, TANGUTUR MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT PANCHAYT OFFICER, ONGOLE, PRAKASAM DISTRICT. 3. THE DIVISIONAL PANCHAYAT OFFICER, ONGOLE, PRAKASAM DISTRICT. 4. THE EXTENTION OFFICER, OF PANCHAYAT RAJ AND RURAL DEVELOPMENT (PR AND RD), KONDAPI, PRAKASAM DISTRICT. 5. THE KONDAPI GRAM PANCHAYAT, REP BY ITS SECRETARY, KONDAPI MANDAL, PRAKASAM DISTRICT. 6. SRI KALLUKUNTA ANKULAIAH, S/O. RAMANAIAH, AGED ABOUT 45 YEARS, OCC. BUSINESS, R/O. KONDAPI VILLAGE AND MANDAL, PRAKASAM DISTRICT. 7. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT, ANDHRA PRADESH. R7 IS SUO-MOTO IMPLEADED AS PER THE COURT'S 2 ORDER DT.23.06.2025. ...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 to issue a Writ or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents No. 3 to 5 in not taking any steps to removal of unauthorized constructions or Structures in spite of Memo issued by the 2nd Respondent vide Roc.No.141-2/2025(Pts)A7, dated.15.05.2025 in connection with agricultural land in Sy.No. 133/2B to an extent of Ac.0.13 cents of Kondapi Village and Mandal, Prakasam District as illegal, improper, arbitrary and violation of principles of natural justice and opposed to Articles 14, 21 and 300-A of the Constitution of India and also contrary to the procedure contemplate under the A.P.Gramapanchayat Act and consequently direct the Respondents to restrain the illegal/Unauthorised construction with iron sheet rooms in Sy.No. 133/2B to an extent of Ac.0.13 cents of Kondapi Village and Mandal, Prakasam District and to pass such 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 to direct the Respondents to restrain the illegal/Unauthorised construction with iron sheet rooms in Sy.No. 133/2B to an extent of Ac.0.13 cents of Kondapi Village and Mandal, Prakasam District forth with pending disposal of the above writ petition and to pass such Counsel for the Petitioner: 1. SHAIK MEERAVALI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. N A RAMACHANDRA MURTHY 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: 3 ORDER: Questioning the action of respondent Nos.3 to 5 in not taking any action in removing the unauthorized constructions/structures inspite of the Memo dated 15.05.2025 issued by respondent No.2in connection with the land to an extent of Ac.0.13 cents in Sy.No.133/2B of Kondapi Village & Mandal, Prakasam District,the present writ petition is filed. 2. Heard Ms.Maheswari Arika, learned counsel for the petitioner, Ms.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj, Sri M.Sudheer, learned Standing Counsel for Gram Panchayat and Sri N.A.Rama Chandra Murthy, learned counsel for the unofficial respondents. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that petitioner filed O.S.No.922 of 2022 seeking preliminary decree for partition of the suit schedule properties into 3 equal shares. Pending suit, without having any right over the subject property, respondent No.6 constructed an iron sheet room in the subject land and got electricity connection. Petitioner made a representation to respondent No.5 bringing the said fact to his noticerequesting to remove the room and disconnect the power supply. Basing on the said representation and the letter addressed by respondent No.5, respondent No.2 after enquiry, issued endorsement dated 27.02.2025 requesting the electricity department to disconnect the power supply till finalization of the civil suit. As no action has been taken by the respondents, petitioner filed W.P.No.6268 of 2025 before this Court and the same is pending. 4 He further submitted that respondent No.2 issued notice to respondent No.6 against the unauthorized construction, questioning the same, respondent No.6 filed W.P.No.10557 of 2025and this Court disposed of the said writ petition directing to maintain status quotill the Panchayat Secretary of Kondapitakes final decision on the application of the petitioner therein. Thereafter, respondent No.5 issued notice and as respondent No.6 had not responded to the same, respondent No.2, after conducting enquiry issued impugned memo dated 15.05.2025 directing respondent Nos.3 to 5 to take appropriate action against unauthorized constructions/structures in the subject land. As no action has been initiated by the respondents, having no other go petitioner approached this Court by way of this writ petition. He further submitted thatit 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 and the learned Standing Counsel collectively submitted that the authorities 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 in removing the unauthorized constructions made by the unofficial respondent. However, as the respondent authorities are willing to take steps in accordance with law, there is no purpose in keeping the writ 5 petition pending inviting counter, as such, this Court, without going into the merits and demerits of the matter, is inclined to dispose of the writ petition at admission stage by passing the following order: “The respondents are directed to take necessary steps in accordance with law if the constructions so made by the unofficial respondent are illegal by issuing notice and an opportunity of being heard to the concerned within a period of three (03) months from the date of receipt of a copy of this order.” 7. Accordingly, the Writ Petition is disposed of. 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