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2025 DAILYLAW 8243 (AP)

SIRIMELLA KOTAMMA v. THE STATE OF AP

WP/7011/2025 · 2025-04-01

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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APHC010088222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY, FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No.7011 of 2025 Between: 1. SIRIMELLA KOTAMMA, W/O.SESHAIAH, AGED ABOUT 61 YEARS, OCC: HOUSEHOLD, R/O.D.No.5-13-01/14,15, NEAR PRASANTHI SCHOOL, KURCHEDU ROAD, DARSI VILLAGE AND MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE. 3. REVENUE DIVISIONAL OFFICER, KANIGIRI REVENUE DIVISION, KANIGIRI TOWN AND MANDAL, PRAKASAM DISTRICT. 4. TAHSILDAR, DARSI MANDAL, PRAKASAM DISTRICT. 5. PULIPADU GRAMAPANCHAYAT, REP.BY ITS PANCHAYAT SECRETARY, PULIPADU VILLAGE, MUMDLAMURU MANDAL, PRAKASAM DISTRICT. 6. JUPALLI VEERA RAO, S/O.LATE VEERA RAGHAVAIAH, AGED ABOUT 67 YEARS, R/O.VELAMAVARI BAZAAR, DARSI TOWN AND MANDAL, PRAKASAM DISTRICT. 7. JUPALLI KOTESWARARAO, S/O.BUCHAIAH, AGED ABOUT 51 YEARS, R/O.VELAMAVARI BAZAAR, DARSI TOWN AND MANDAL, PRAKASAM DISTRICT. 8. JUPALLI SRINIVASULU, S/O.BUCHAIAH, AGED ABOUT 43 YEARS, R/O.VELAMAVARI BAZAAR, DARSI TOWN 2 AND MANDAL, PRAKASAM DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. NAGA PRAVEEN VANKAYALAPATI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ & RURAL DEV 2. MATTEGUNTA SUDHIR, SC FOR ZPPs, MPPs & GRAM PANCHAYATS The Court made the following: ORAL ORDER: Heard Sri Naga Praveen Vankayalapati, Ld. Counsel for the Petitioner, Sri P. Rajesh Kumar, Ld. Assistant Government Pleader for Panchayat Raj & Rural Development and Sri S. Hruthik, Ld. Counsel representing Sri Mattegunta Sudhir, Ld. Standing Counsel for Respondent No.5-Gram Panchayat. 2. Sri S. Hruthik, Ld. Counsel representing Sri Mattegunta Sudhir, Ld. Standing Counsel for Respondent No.5-Gram Panchayat, has submitted Written Instructions, dated 20.03.2025, furnished by the Panchayat Secretary along with certain Notices issued to the Unofficial Respondents. Copy of it has been supplied to the Ld. Counsel for the Petitioner and the same is taken on record. 3 3. The Written Instructions would indicate that the Panchayat Secretary has already issued Notices to the Unofficial Respondents and, thereafter, no construction activity has taken place in the Subject Land. 4. In view of the Written Instructions furnished by the Panchayat Secretary stating that no construction has taken place in the Subject Land and that the Panchayat has never granted any Permission to the Unofficial Respondents for the Layout, this Court deems it appropriate to dispose of the Writ Petition at the admission stage, without going into the merits, directing the Official Respondents to follow the due process of law against the illegal encroachers in the future. 5. With these observations and directions, the Writ Petition stands disposed of. No order as to costs. 6. Interlocutory Applications, if any, stand closed in terms of this Order. ___________________________ G. RAMAKRISHNA PRASAD, J Dt: 01.04.2025 IBL 4 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No.7011 OF 2025 Dt: 01.04.2025 IBL