APHC010101862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5303/2025 Between: 1. PANTA SRINIVASULU REDDY, C/O. RAMANA REDDY, AGED ABOUT 54 YEARS, R/O. FLAT NO. 103, R.K RESIDENCY, BRAHMIN STREET EAST STREET, NEAR HANUMAN TEMPLE, GUDUR, TIRUPATI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (PANCHAYAT RAJ DEPARTMENT) SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY INDUSTRIES AND MINES DEPARTMENT SECRETARIAT BUILDINGS AT VELAGAPUDI GUNTUR DISTRICT ANDHRA PRADESH 3. THE DISTRICT COLLECTOR, TIRUPATI DISTRICT, TIRUPATI. 4. THE DISTRICT PANCHAYAT OFFICER, TIRUPATI DISTRICT, TIRUPATI. 5. THE DIVISIONAL PANCHAYAT OFFICER, GUDUR DIVISION, TIRUPATI DISTRICT. 6. THE ANDHRA PRADESH POLLUTION CONTROL BOARD, REP. BY ITS MEMBER SECRETARY, MOGHALRAJAPURAM, VIJAYAWADA NTR DISTRICT, 7. THE BUDANAM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, BUDANAM VILLAGE, CHILAKUR MANDAL, TIRUPATI DISTRICT. CAUSE TITLE IS AMENDED. 8. THE M/S MARIDIAN CASTING INDUSTRYLLP, REP.BY ITS MANAGING PARTNER, R. VENKATA RAMANA REDDY, BUDANAM GRAM PANCHAYAT, BUDANAM VILLAGE, CHILAKUR MANDAL, TIRUPATI DISTRICT. CAUSE TITLE IS AMENDED AS PER THE COURT'S ORDER DT.27.03.2025 IN I.A.NO. 02 OF 2025. 9. THE TAHSILDAR, BUDANAM VILLAGE, CHILAKURU MANDAL, TIRUPATI DISTRICT. 10. THE REVENUE DIVISIONAL OFFICER, CHILAKURU MANDAL, TIRUPATI DISTRICT. RR 9 AND 10 ARE SUO MOTO IMPLEADED AS PER THE COURT'S ORDER DT.18.03.2025. ...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 topleased to issue a writ order or direction more particularly one in the nature of writ of mandamus to the action of the respondent no. 2 to 7 were in allowing the respondent no 8 to make illegal laying the 1 km road by encroaching the grazing poramboku land AND pond land situated in survey no. 167-a1, 167-a2, 167-b of budanam village, chilakur district, tirupati district without consider the petitioner representation dated 14.10.2024, 25.10.2024, 26.10.2024 and 15.11.2024 and not initiating the action for abolished constructed road laid by the 8th respondent is illegal arbitrary and violation of articles 14, 21 and 300-a of the constitution of india and consequently direct the respondent no. 2 to 7 to stop the 8th respondent from making further illegal construction and demolish the illegal road laid by the 8th respondent in accordance with law in the interest of justice 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 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 permit the petitioner to amend the Cause title in the writ petition, W.P.No. 5303 of 2025 for respondent 7 as Chillakur Mandal Instead of Chilakur Village and Respondent No. 8 as Chillakur Mandal instead of Chilakur District, and pass Counsel for the Petitioner: 1. NAGA RAJU KOLLATI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. MAHESWARI ARIKA 4. YELISETTI SOMARAJU STANDING COUNSEL APPCB 5. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: ORAL ORDER: Heard Mr. K. Naga Raju, learned Counsel for the Writ Petitioner, Mr. Panku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj & Rural Development, Mr. T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue, Mrs. Maheswari Arika, learned Counsel for Respondent No.8, Mr. A. Narsinga Rao, learned Assistant Government Pleader for Pollution Control Board and Mr. S. Hruthvik, learned Counsel, representing on behalf of Mr. Mattegunta Sudhir, Standing Counsel for Gram Panchayat. 2. Mr. S. Hruthvik, learned Counsel, representing on behalf of Mr. Mattegunta Sudhir, Standing Counsel for Gram Panchayat, has submitted Written Instructions, dated 18.03.2025, furnished by the Panchayat Secretary, Bodanam Village, Chillakur Mandal, Tirupati District (Respondent No.7), Mr. Panku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj & Rural Development, has submitted Written Instructions, dated 18.03.2025, furnished by the Divisional Panchayat Officer, Gudur, Tirupati District (Respondent No.5) and Mr. T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue, has submitted Written Instructions, dated 26.03.2025, furnished by the Sub-Collector, Gudur, Tirupati District. Copies of these Written Instructions are supplied to the learned Counsel for the Writ Petitioner and the same are taken on record. 3. The Written Instructions would indicate that the Survey Numbers of the land as mentioned in the prayer is a private patta land owned by M/s. Maridian Casting Industry (LLP) (Respondent No.8). 4. Learned Counsel for the Respondents would also submit that a road is being laid in a land which is classified as Government Poramboke in Sy.Nos.135-B3, 169, 215-1, 216 and 217-1. It is also clarified by the Official Respondents that the land covered under the above mentioned Survey Numbers, which are classified as Government Poramboke is not a grazing land. 5. In this view of the matter, this Writ Petition is devoid of any merit and is, accordingly, dismissed. There shall be no order as to costs. 6. Interlocutory Applications, if any, stand closed in terms of this order. __________________________ G.RAMAKRISHNA PRASAD, J Date: 10.04.2025 kbs 70 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD W.P.No.5303 of 2025 Date: 10.04.2025 kbs