¥ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 4399 OF 2023 Between: 1r4R/r rT' Aged, 53 years, Occ. Advocate, R/o D.NO.11-10-48/G, Champagalh Street, Srikakulam Town Srikakulam District. ...PETITIONER AND 1. The State of AP, Rep. by its Principal Secretary Panchayat Raj and Rural Development Velagapudi, Amaravati, Guntur District. to Government, Department, Secretariat, 2. Pa hvuru Sanguruvanipeta Gram Panchayat, Rep. by its Executive Author,ty-cum-Panchayat Secretary, Grama Sachivalayam, Pailivuru Sanguruvanipeta Village, Vajrapukotturu Mandal, Srikakulam District. 3. Superintendent of Police, Srikakulam District. 4. Station House Officer, Vajrapukotturu Police Station, Srikakulam District 5. Bompalli Narasinga Rao, S/o Late Sriramulu, Aged about 47 years Xondapalem Village, Garividi Mandal, Vizianagaram District. 6. Bompalli Venkata Rao. S/o Late Sriramulu Aged about 45 years, Occ Colony, Kondapalem Village, Garividi Mandal, Vizianagaram District. 7. Bompalli Srinivasa Rao, S/o Late Sriramulu Aged about 45 years, Occ^ Mrndal v"" Village, Garividi Mandal, Vizianagaram District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying .. that in the circumstances stated in the affidavit filed therewith, the High ...' •CoCH[t may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not taking any steps to prevent the illegal and unauthorized construction being undertaking by the respondents 5 to 7 in my land admeasuring Ac.3.40 cents covered by Survey No.238/1 situated in Pallivooru Sanguruvamipeta village of Vajrapukotturu Mandal in Srikakulam District, within the gram panchayat limits of the 2nd respondent, without obtaining necessary permission and approved plan from the 2nd respondent gram panchayat in violative of the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 and rules framed there under as illegal, irregular, irrational and amounts to non discharge of legal obligation conferred on them under the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 and offends Articles 14, and 21 of Constitution of India and consequently direct the respondents 2 to 4 to demolish thd already constructed portion thereof, by preventing further illegal construction in the said site. lA NO: 1 OF 2023 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to consider and initiate necessary action on my representation dated 16.02.2023 submitted to stop the illegal and unauthorized construction of house being constructing by the respondents 5 to 7 in my said land admeasuring Ac.3.40 cents in Survey No.238/1 situated in Pallivooru Sanguruvamipeta village of Vajrapukotturu Mandal in Srikakulam District, within the grama panchayat limits of the 2nd respondent, without obtaining permission and approved plan, pending disposal of the main writ petition. necessary lA NO: 2 OF 71)9^ Between: 1. Bompalli Narasinga Rao, S/o Late Sriramulu. Aged about Occ. Business, R/o Hudco Colony, Kondapalem Village Mandal, Vizianagaram District. 2. Bompalli Venkata Rao, S/o Late Sriramulu Aged about 45 years, Occ, Private Employee, R/o Hudco Colony, Kondapalem Village, Garividi Mandal, Vizianagaram District. 3. Bompalli Srinivasa Rao, S/o Late Sriramulu Aged about 45 years, Occ. Private Employee, R/o Hudco Colony, Kondapalem Village, Garividi Mandal, Vizianagaram District. 47 years, , Garividi ...PETITIONERS/RESPONDENTS N0.5 TO 7 AND 1. Kof^ara Sankara Rao, S/o Late Simhadri, Aged. 53 years Occ Sri^akulam'Town; ...WRIT PETITIONER 2. The State of AP, Rep. by its Principal Secretary to Government, anchayat Raj and Rural Development Department, Secretariat Velagapudi, Amaravati, Guntur District. 3. Pallivuru Sanguruvanipeta Gram Panchayat, Rep. by its Executive Authority-cum-Panchayat Secretary, Grama : Sanguruvanipeta Village, Vajrapukotturu Mandal 4. Superintendent of Police, Srikakulam District. 5. Station House Officer, Vajrapukotturu Police Station, Sachivalayam, Pallivuru . Srikakulam District. Srikakulam District ...RESPONDENTS Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed iin support of the petition, the High Court may be pleased to vacate the interim order dated 28-02-2023 granted in the Writ Petition No. 4399 of 2023 filed by petitioner herein. / Counsel for the Petitioner: SRI SRINIVAS AMBATI Counsel for the Respondent No. 1: GP FOR PANCHAYAT Counsel for the Respondent No.2: RAJ RURAL DEV SRI Y KOTESWARA RAO (SC FOR ZPPS, MPPS & GRAM PANCHAYAT Counsel for the Respondent Nos. 3 & 4: GP FOR HOME Counsel for the Respondent Nos. The Court made the following: ORDER 5 to 7: SRI V NITESH f V / THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.4399 of 2023 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief; " to issue a writ, order or direction more in the nature of WRIT OF MANDAMUS declaring the action of the respondent in not taking any steps to prevent the illegal and unauthorized construction being undertaking by the respondents 5 to 7 in my land admeasuring Ac.3.40 cents covered by Survey No.238/1 situated in Pallivooru Sanguruvamipeta village of Vajrapukotturu Mandal in Srikakulam District, within the gram panchayat limits of the 2"'^ respondent, without obtaining necessary permission and approved plan from the 2 respondent gram panchayat in violative of the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 and rules framed there under as illegal, irregular, irrational and amounts to non discharge of legal obligation conferred on them under the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 and offends Articles 14, and 21 of Constitution of India and consequently direct the respondents 2 to 4 to demolish the already constructed portion thereof, by preventing further illegal construction in the said site and pass such other order or orders " nd The case of the petitioner is that the 2"'^ respondent is under legal obligation to consider the representation dated 16.02.2023 and prevent the illegal construction of house being undertaking by the respondent Nos.5 to 7 in the land in Sy.No.238-1 without there being any right, title, interest or possession at any point of time and also without obtaining 2. any valid permission from the 2^^ respondent-Gram Panchayat under Section 121 of the A.P.Panchayat Raj Act, 1994. The 2^^ respondent is bound to take action forthwith to stop illegal construction in the land belongs to the petitioner and the said action of the 2"^^ respondent amounts to arbitrary and illegal. nd Hence, prayed to direct the 2 i 2 respondent to take action against the illegal construction made by respondent Nos.5 to 7. 3. Respondent Nos.5 to 7 have filed their counter and admitted that they are in possession of the subject property to knowledge of one and all in village and they are constructing a room only for the purpose of keeping agricultural equipments and during rainy season to have a shelter. The 2'^'^ respondent-Panchayat Secretary filed counter and stated that there is a suit in O.S.No.4 of 2023 is pending on the file of the Junior Civil Judge Court at Palasa and the petitioner herein has approached this Court when the said suit is pending before the competent Court to avail benefits laid under the provisions of Article 226 of the Constitution of India, however, the petitioner has failed array the competent authority as respondent in the Writ Petition and the subject land is revenue land and does not fall under the jurisdiction of the 2 respondent. 4. nd On examining the totality of circumstances of the case, there is a civil dispute in between the petitioner and the unofficial respondents. Admittedly, the grievance of the petitioner herein is that the unofficial respondents have raised construction in the land belongs to the petitioner, which is a disputed question of fact. 5. 6. On close examination of the submissions made by the learned counsel for the petitioner and the learned counsel for the respondents, it is a private dispute regarding title over the property and it is evident from the assertions of the writ affidavit that the dispute between the 3 parties lies purely in the realm of private lad. Therefore, the public law remedies that are available under Article 226 of the Constitution of India are not available to resolve the dispute between the parties in the present case. Mere fact that the State and its Departments are parties to agreement is of no consequence. It is trite law that this Court would not exercise its jurisdiction under Article 226 of the Constitution to entertain a Writ Petition, wherein public law element is not involved. Accordingly, the Writ Petition is disposed of, directing the petitioner herein to avail private law remedy, if the respondents have occupied the land belongs to the petitioner herein. There shall be no order as to costs. 7. As a sequel thereto. Interlocutory Applications pending, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// OFFICER S' To, 1. The Principal Secretary to Government, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Executive Authority-cum-Panchayat Secretary, r...; Sanguruvanipeta Gram Panchayat, Grama Sachivalayam, Pallivuru Sanguruvanipeta Village, Vajrapukotturu Mandal, Srikakulam District. 3. The Station House Officer, Vajrapukotturu Police Station, Srikakulam District 4. The Superintendent of Police, Srikakulam District. 5. One CC to Sri Srinivas Ambati, Advocate [OPUC] 6. One CC to Sri V Nitesh, Advocate [OPUC] 7. One CC to Sri Y Koteswara RAo (SC for ZPPS, MPPs & Gram Panchayat), Advocate [OPUC] Pallivuru 8. Two CCs to GP for Panchayat Raj Rural Dev, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies TF HIGH COURT DATED:06/02/2025 r'. ■' ORDER WP.No.4399 of 2023 S’ 18 FEB 2025 m eo 5' ijp- curreni becioon ^OesPATC><i^ DISPOSING OF THE W.P., WITHOUT COSTS