APHC010698632025 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. THOTA VENKATESWARAMMA, W/O. NAGA MALLESWARA RAO AGE 56 YEARS, RIO. D. NO. 17 VIJAYAWADA, NTR DISTRICT. 2. BOYINA NAGA PADMA,, W/O. VENKARAMANA AGED 54 YEARS, R/O.D. NO. 74-32/2 NAGAR VIJAYAWADA, NTR DISTRICT. 3. BOMMABOYINA VENKATA SRINIVASARAO, S/O. LATE KRISHNA @ KRISHNA MURTHY AGED 52 YEARS, RIO. D. NO. 58 PATMATA, KRISHNAMGARU STREET VIJAYAWADA, NTR DISTRICT. 4. GOGUNNURI USHA RANI,, W/O. GANESH KUMAR AGED 50 R/O. H. NO. 5-18, DWARAKA NAGAR, DWARAKA TIRUMALA MANDAL 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT, AMARAVATI, VELAGAPUDI, GUNTUR DISTRICT PINCODE 5 2. THE DISTRICT PANCHAYAT OFFICER, ELURU DISTRICT, ELURU. 534001 3. THE POTHUNURU GRAM PANCHAYAT, POTHUNURU VILLAGE, DENDULURU MANDAL ELURU DISTRICT BY ITS PANCHAYAT SECRETARY 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: 36278/2025 THOTA VENKATESWARAMMA, W/O. NAGA MALLESWARA RAO AGE 56 YEARS, RIO. D. NO. 17-156/1, REKULA MASEED ROAD VIJAYAWADA, NTR DISTRICT. BOYINA NAGA PADMA,, W/O. VENKARAMANA AGED 54 YEARS, 32/2-19 PANDARIPUNAM 4TH STREET, NAGAR VIJAYAWADA, NTR DISTRICT. BOMMABOYINA VENKATA SRINIVASARAO, S/O. LATE KRISHNA @ KRISHNA MURTHY AGED 52 YEARS, RIO. D. NO. 58 PATMATA, KRISHNAMGARU STREET VIJAYAWADA, NTR GOGUNNURI USHA RANI,, W/O. GANESH KUMAR AGED 50 18, DWARAKA NAGAR, DWARAKA TIRUMALA ...PETITIONER(S) AND THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT, AMARAVATI, VELAGAPUDI, GUNTUR DISTRICT PINCODE 522238 THE DISTRICT PANCHAYAT OFFICER, ELURU DISTRICT, ELURU. THE POTHUNURU GRAM PANCHAYAT, POTHUNURU VILLAGE, DENDULURU MANDAL ELURU DISTRICT-534442 REPRESENTED BY ITS PANCHAYAT SECRETARY RC,J W.P.No.36278 of 2025 IN THE HIGH COURT OF ANDHRA PRADESH [3332] TUESDAY,THE THIRTIETH DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI THOTA VENKATESWARAMMA, W/O. NAGA MALLESWARA RAO 156/1, REKULA MASEED ROAD BOYINA NAGA PADMA,, W/O. VENKARAMANA AGED 54 YEARS, 19 PANDARIPUNAM 4TH STREET, ASHOK BOMMABOYINA VENKATA SRINIVASARAO, S/O. LATE KRISHNA @ KRISHNA MURTHY AGED 52 YEARS, RIO. D. NO. 58-6-22 PATMATA, KRISHNAMGARU STREET VIJAYAWADA, NTR GOGUNNURI USHA RANI,, W/O. GANESH KUMAR AGED 50 YEARS, 18, DWARAKA NAGAR, DWARAKA TIRUMALA ...PETITIONER(S) THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT, AMARAVATI, VELAGAPUDI, THE DISTRICT PANCHAYAT OFFICER, ELURU DISTRICT, ELURU.- THE POTHUNURU GRAM PANCHAYAT, POTHUNURU VILLAGE, 534442 REPRESENTED RC,J W.P.No.36278 of 2025 2 4. BOMMANABOYINA SUMALATHA, W/O. ASWINI KUMAR AGED 42 YEARS, R/O. POTHUNURU VILLAGE DENDULURU MANDAL, ELURU DISTRICT-534442 5. BOMMANABOYINA MOHIT NAGA DASHWANATH, S/O. ASWINI KUMAR , AGED 23 YEARS, RIO. POTHUNURU VILLAGE, DENDULURU MANDAL, ELURU DISTRICT-534442 ...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 pleased to issue an appropriate order or direction more particularly, one in the nature of Writ of MANDAMUS declaring the action of the Respondent No. 3 in not preventing and in not removing the unauthorized construction, being made by the Respondent Nos. 4 and 5 without obtaining permission, on the land in Sy. No. 269/2 of Pothunuru Village, Denduluru Mandal, Eluru District as illegal, arbitrary, malafidy, irresponsible, contrary to law and against to the principles of natural justice apart from being violative of Articles 300A of the Constitution of India and consequentially direct the Respondents No. 3 to stop and remove the unauthorized construction, being made by the Respondent Nos. 4 and 5 without obtaining permission, on the land in Sy. No. 269/2 of Pothunuru Village, Denduluru Mandal, Eluru District, and to pass 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 Respondent No. 3 to stop unauthorized construction, being made by the Respondent Nos. 4 and 5 without obtaining permission, on the land in Sy. No. 269/2 of Pothunuru Village, Denduluru Mandal, Eluru District pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV RC,J W.P.No.36278 of 2025 3 ORDER The writ petition is filed questioning the inaction of respondent no.3 in preventing and removing the unauthorized construction being made by respondent nos. 4 and 5 in Survey No.269/2 of Pothunuru village, Denduluru Mandal, Eluru District, without obtaining permission. 2. The case of the petitioner, in brief is that father of petitioner was the absolute owner of land admeasuring 874 Sq.yards in the subject survey number, which he acquired vide registered sale deed dated 31.01.1969 and he died intestate on 17.07.2024 leaving behind him the petitioner and respondent nos. 4 and 5 as legal heirs and eversince the subject property remained as their joint property. That respondent nos. 4 and 5 without obtaining any permission from Gram panchayat started making constructions in the subject property and despite submission of representation by the petitioner dated 08.12.2025, the authorities did not take any action. Hence, the writ petition. 3. Heard Sri Kambhampati Ramesh Babu, learned counsel for the petitioner, and Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat. 4. Sri Kambhampati Ramesh Babu, learned counsel for the petitioner, while reiterating the contents of the writ affidavit would contend that despite bringing it to the notice of the Gram Panchayat by way of submission of RC,J W.P.No.36278 of 2025 4 representation about the unauthorized constructions made by respondent nos. 4 and 5 without obtaining any permission, the Gram Panchayat, though duty bound as per the Andhra Pradesh Panchayat Raj Act, did not take any action. Accordingly, prayed to allow the writ petition. 5. Sri Y.Koteswara Rao, learned Standing Counsel, would contend that there are disputes between the petitioner and respondent nos. 4 and 5 regarding the subject property and the petitioner has to approach the civil Court for resolution of the dispute, instead of doing so, he filed the writ petition. He would further contend that the writ Court cannot go into the dispute questions regarding title to the property. Accordingly, prayed to dismiss the writ petition. 6. Perused the material available on record and considered the submissions made by the learned counsel for the parties. 7. The petitioner claims to be the co-owner of the subject property along with respondent nos. 4 and 5. As rightly contended by the learned Standing Counsel it appears that there is dispute between the brothers regarding title to the property. This Court while exercising writ jurisdiction cannot take up the task of resolving civil disputes between private individuals. For the said purpose the parties have to approach the competent Civil Court. According to the petitioner, the respondent nos. 4 and 5 are in possession of the property and they are undertaking constructions. RC,J W.P.No.36278 of 2025 5 8. The Andhra Pradesh Panchayat Raj Act empowers the Gram Panchayat to take action on the constructions made without obtaining proper permission. Therefore, the Gram Panchayat, if it finds that the respondent nos.4 and 5 are making constructions without obtaining permission as required under law and Rules in vogue can take action by initiating appropriate steps in accordance with law. 9. In view of the above, this writ petition is disposed of, granting liberty to the petitioner to approach competent civil court for resolution of dispute regarding right and title over the subject property. The Gram Panchayat authorities, if found that construction being made by respondent nos. 4 and 5 is without any proper permission, shall take steps by following the procedure contemplated under law. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ________________________ JUSTICE RAVI CHEEMALAPATI RR