APHC010435782025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. ALLU JAGAN MOHAN REDDY, S/O LAKSHINA REDDY, AGED 65 YEARS, AGRICULTURE, HINDU, R/O 2 GAMPALAGUDERN VILLAGE AND MANDAL, (ERSTWHILE KRISHNA DISTRICT) PRESENTLY N.T.R. DISTRICT. 1. THE STATE OF SECRETARY, PANCHAYATI RAJ AND RURAL DEVELOPMENT, DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, TULLUR MANDAL, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, (ERSTWHILE KRISHNA DISTRICT) PRESENTLY N.T.R. DISTRICT. 3. THE DISTRICT PANCHAYAT OFFICER DPO, VIJAYAWADA, (ERSTWHILE KRISHNA DISTRICT) PRESENTLY N.T.R. DISTRICT. 4. THE TASHILADAR, , GAMPALAGUDERN REVENUE MANDAL, GAMPALAGUDERN, ERSTWHILE KRISHNA DISTRICT) PRESENTLY N.T.R. DISTRICT. 5. THE GAMPALAGUDERN GRAM PANCHAYAT, REP BY ITS SECRETARY, GAMPALAGUDERN VILLAGE AND MANDAL, (ERSTWHILE KRISHNA DISTRICT) PRESENTLY N.T.R. DISTRICT. 6. THE EXECUTIVE ENGINEEROPERATION DIVISION, APSPDCL, TIRUVURU SUB-DIVISION, ELECTRICITY DEPARTMENT, NUZVID, DIVISION, (ERSTWHILE KRISHNA DISTRICT) PRESENTLY N.T.R. DISTRICT. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 22079/2025 ALLU JAGAN MOHAN REDDY, S/O LAKSHINA REDDY, AGED 65 YEARS, AGRICULTURE, HINDU, R/O 2-110, RADDY BAZAR, GAMPALAGUDERN VILLAGE AND MANDAL, (ERSTWHILE KRISHNA DISTRICT) PRESENTLY N.T.R. DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYATI RAJ AND RURAL DEVELOPMENT, DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, TULLUR MANDAL, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, (ERSTWHILE KRISHNA DISTRICT) PRESENTLY N.T.R. DISTRICT. VIJAYAWADA. THE DISTRICT PANCHAYAT OFFICER DPO, VIJAYAWADA, (ERSTWHILE KRISHNA DISTRICT) PRESENTLY N.T.R. DISTRICT. THE TASHILADAR, , GAMPALAGUDERN REVENUE MANDAL, GAMPALAGUDERN, ERSTWHILE KRISHNA DISTRICT) PRESENTLY MPALAGUDERN GRAM PANCHAYAT, REP BY ITS SECRETARY, GAMPALAGUDERN VILLAGE AND MANDAL, (ERSTWHILE KRISHNA DISTRICT) PRESENTLY N.T.R. DISTRICT. THE EXECUTIVE ENGINEEROPERATION DIVISION, APSPDCL, DIVISION, ELECTRICITY DEPARTMENT, NUZVID, DIVISION, (ERSTWHILE KRISHNA DISTRICT) PRESENTLY N.T.R. RC,J W.P.No.22079 of 2025 IN THE HIGH COURT OF ANDHRA PRADESH [3332] TUESDAY,THE THIRTIETH DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI ALLU JAGAN MOHAN REDDY, S/O LAKSHINA REDDY, AGED 65 110, RADDY BAZAR, GAMPALAGUDERN VILLAGE AND MANDAL, (ERSTWHILE KRISHNA ...PETITIONER ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYATI RAJ AND RURAL DEVELOPMENT, DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, THE DISTRICT COLLECTOR, (ERSTWHILE KRISHNA DISTRICT) THE DISTRICT PANCHAYAT OFFICER DPO, VIJAYAWADA, (ERSTWHILE KRISHNA DISTRICT) PRESENTLY N.T.R. DISTRICT. THE TASHILADAR, , GAMPALAGUDERN REVENUE MANDAL, GAMPALAGUDERN, ERSTWHILE KRISHNA DISTRICT) PRESENTLY MPALAGUDERN GRAM PANCHAYAT, REP BY ITS SECRETARY, GAMPALAGUDERN VILLAGE AND MANDAL, (ERSTWHILE KRISHNA DISTRICT) PRESENTLY N.T.R. DISTRICT. THE EXECUTIVE ENGINEEROPERATION DIVISION, APSPDCL, DIVISION, ELECTRICITY DEPARTMENT, NUZVID, DIVISION, (ERSTWHILE KRISHNA DISTRICT) PRESENTLY N.T.R. RC,J W.P.No.22079 of 2025 2 7. M/S SRI SRINIVASA MINI RICE AND FLOUR MILL, REP BY OWNER SRI PHANI KUMAR KOLIA, S/O SRINIVASA RAO, R/O D. NO. 2-39, TIRUVURU ROAD, GAMPALAGUDERN VILLAGE AND MANDAL, (ERSTWHILE KRISHNA DISTRICT) PRESENTLY N.T.R. 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 a writ order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the respondents paricturarly the 2nd to 6th Respondents in not take further action in pursuance of Roc. No. /2025/dated 22-07-2025 addressed to the Petitioner for taking further necessary action against respondent to stop the further construction Rice Mill and Floor Mill situated in RS. No. 183/8 adjacent in D. No.2-39, trying to give power connection to the 7th respondent, situated at Tiruvuru Road (adjacent to R and B Road) , Gampalagudem(V and M), N.T.R District are being illegal, arbitrary and violation of principals of Fundamental Rights of Constitution of India and violation of the Provisions of the A.P. Panchayati Raj Act, 1994(adopted by the Telangana State Government all the Act of combined .Andhra Pradesh) and consequently direct the Respondents to the 2nd to 6th Respondents to stop the further construction Rice Mill and Floor Mill situated in RS. No. 183/8 adjacent in D. No.2-39, to give power connection to the 7th respondent, situated at Tiruvuru Road (adjacent to R and B Road) , Gampalagudem(V and M), N.T.R District and pass s 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 direct the 2nd to 6th Respondents to stopping further construction of the 7th respondent Rice Mill & Floor Mill situated in RS. No. 183/8 adjacent in D. No.2-39, to give pow'er connection to the 7th respondent, situated at Tiruvuru Road (adjacent to R & B Road), Gampalagudem( V & M), N.T.R District by stopping Power Supply pending disposal of the above writ petition and pass IA NO: 2 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 vacate the interim order status quo dated 29.08.2025 passed in Writ Petition No.22079 of 2025 and dismiss the writ petition as divide of merits as this Hon’ble Court may deem fit and proper in the interest of justice RC,J W.P.No.22079 of 2025 3 Counsel for the Petitioner: 1. G SIMHADRI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. EATHAKOTA VENKATA RAO The Court made the following: RC,J W.P.No.22079 of 2025 4 ORDER This writ petition is filed questioning the inaction of respondent nos. 2 to 6 in taking further action in pursuance of Roc.No./2025/dated 22.07.2025 against the rice mill & Floor Mill being constructed by respondent no.7 in RS.No.183/8 adjacent to Door No.2-39 of Tiruvuru Road (adjacent to R&B Road), Gampalagudem village & Mandal, NTR District. 2. Heard Sri G.Simhadri, learned counsel for the petitioner, Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat, Sri Balakrishna, learned Assistant Government Pleader for Panchayat Raj, Sri Chandrasekhar, learned Assistant Government Pleader for Revenue and Ethakota Venkata Rao, learned counsel for respondent no.7. 3. Sri G.Simhadri, learned counsel for the petitioner, while reiterating the contents of the writ affidavit submitted that the Gram Panchayat though issued proceedings vide Roc.No./2025/dated 22.07.2025 to the effect that the unofficial respondent no.7 did not obtain any permission from any department for establishing rice mill, did not take any further steps against the rice mill and it would suffice for the time being if the Gram Panchayat take steps in accordance with law pursuant to the above proceedings. 4. Sri Y.Koteswara Rao, learned Standing Counsel, and on counter contended that respondent no.7 did not take any permission for construction RC,J W.P.No.22079 of 2025 5 of the rice mill and the Gram Panchayat would take appropriate action as per the procedure contemplated under law. 5. On the other hand, Sri Ethakota Venkata Rao, learned counsel for respondent no.7, on counter would contend that the petitioner only to wreck vengeance against respondent no.7 filed the writ petition alleging that no permission is obtained for the rice mill, whereas the said mill is being run since more than 30 years by obtaining all necessary permissions from the authorities and recently the respondent nos.7 made renovations to the existing mill. The writ petition is meritless and the same deserves dismissal. Accordingly, prayed to dismiss the writ petition. 6. Perused the material available on record and considered the submissions made by learned counsel for the parties. 7. Inaction of the Gram Panchayat in taking action against rice & floor mill of respondent no.7 is the grievance of the petitioner. From the material placed on record it is evident that the authorities have issued notice to respondent no.7 calling for explanation and in response the respondent no.7 submitted explanation to the Gram Panchayat. 8. As per the Gram Panchayat, the respondent no.7 did not obtain any permission for running rice & floor mill. However, the respondent no.7 contends that the rice & floor mill is being run in the subject premises since more than 30 years and all necessary permissions were obtained from the RC,J W.P.No.22079 of 2025 6 relevant departments. This Court instead of going into merits of the matter as to whether permission was obtained by respondent no.7 for running the subject mill, feels it proper to direct the Gram Panchayat to pass a reasoned order on the explanation submitted by respondent no.7. 9. In view of the above, this writ petition is disposed of, directing the Gram Panchayat to provide an opportunity of being heard to respondent no.7 and pass a reasoned order considering the documents, if any, produced by respondent no.7. If it is found that no permission was obtained as required, it shall take steps in accordance with law and in case it is found that all necessary permissions were obtained as stated by respondent no.7, the same shall be informed to the petitioner in writing. The entire exercise shall be completed within a period of three (03) months from the date of receipt of copy of the order. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ________________________ JUSTICE RAVI CHEEMALAPATI RR