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2026 DAILYLAW 12425 (AP)

ARVAPALLI RAMANJANEYULU v. THE STATE OF ANDHRA PRADESH

WP/26089/2026 · 2026-09-30

B S Bhanumathi

body2026

Judgment text

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APHC010475452026 IN THE HIGH COURT OF ANDHRA PRADESH Thursday, the 1 The Honourable Ms. Justice B.S. Bhanumathi W Between: 1. Arvapalli Ramanjaneyulu, aged about 53 years, R Valaparla village, Martur 1. The State of Andhra Pradesh, represented by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur 2. The District Collector, Bapatla 3. The District Panchayat officer, Bapatla 4. The Tahsildar, Martur Mandal, Bapatla 5. The Executive Authority Gram Panchayat, Martur IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3311] (Special Original Jurisdiction) Thursday, the 1st day of October, 2026 Present The Honourable Ms. Justice B.S. Bhanumathi Writ Petition No. 26089 of 2026 rvapalli Ramanjaneyulu, S/o.Subbarayudu, occupation: ged about 53 years, R/o. D.No. 8-148, Mahalakshmi illage, Martur mandal, Bapatla district - 523260. ... and he State of Andhra Pradesh, represented by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur district 2. The District Collector, Bapatla district at Bapatla - 522101. The District Panchayat officer, Bapatla district at Bapatla - 4. The Tahsildar, Martur Mandal, Bapatla district - 523301. 5. The Executive Authority – cum - Panchayat Secretary, Valaparla Gram Panchayat, Martur mandal, Bapatla district - 523260. IN THE HIGH COURT OF ANDHRA PRADESH The Honourable Ms. Justice B.S. Bhanumathi occupation: Business, 148, Mahalakshmi veedhi, Petitioner he State of Andhra Pradesh, represented by its Principal Secretary, Panchayat Raj and Rural Development Department, istrict - 522237. 522101. -522101. Panchayat Secretary, Valaparla 523260. 2 BSB,J W.P.No.26089 of 2026 & W.P.No.15039 of 2026 6. Arvapalli Venkata Subbarao @ Subbarao, S/o. Late Anjaneyulu, aged about 78 years, occupation: Business, R/o.Valaparla village, Martur mandal, Bapatla district – 523260. ... Respondents Counsel for the petitioner Baggi Venkata Pavan Kumar Counsel for the Respondents 1. Government Pleader for Panchayat Raj and Rural Development 2. Sri Mattegunta Sudhir, Standing counsel for Z.P.Ps, M.P.Ps, Gram Panchayats 3. Government Pleader for Revenue APHC010287522026 IN THE Thursday, the 1 The Honourable Ms. Justice B.S. Bhanumathi Between: 1. Arvapalli Venkata Subba occupation : business, R/o. Valaparla Bapatla district - 1. The State of Andhra Pradesh, represented Secretary, Panchayat Raj Secretariat, Velagapudi, Amaravti, Guntur District 2. The District Collector, Bapatla District at Bapatla 3. The Revenue Divisional Officer, Chirala Revenue Division, Bapatla District - 4. The Tahsildar, Martur Mandal, Bapatla District 5. The Executive Authority Grampanchayat, Martur Mandal, Bapatla District 3 W.P.No.26089 of 2026 & W.P.No.15039 of 2026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3311] (Special Original Jurisdiction) Thursday, the 1st day of October, 2026 Present The Honourable Ms. Justice B.S. Bhanumathi Writ Petition No. 15039 of 2026 1. Arvapalli Venkata Subba Rao, S/o. Anjaneyulu, aged 78 years, usiness, R/o. Valaparla village, Martur 523260. ... and he State of Andhra Pradesh, represented by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravti, Guntur District - 522237. 2. The District Collector, Bapatla District at Bapatla - 522101. 3. The Revenue Divisional Officer, Chirala Revenue Division, 523155. hsildar, Martur Mandal, Bapatla District - 523301. 5. The Executive Authority cum Panchayat Secretary, Valaparla Grampanchayat, Martur Mandal, Bapatla District - 523260. BSB,J W.P.No.26089 of 2026 & W.P.No.15039 of 2026 HIGH COURT OF ANDHRA PRADESH The Honourable Ms. Justice B.S. Bhanumathi ged 78 years, illage, Martur mandal Petitioner by its Principal Rural Development Department, 522237. 522101. 3. The Revenue Divisional Officer, Chirala Revenue Division, 523301. um Panchayat Secretary, Valaparla 523260. 4 BSB,J W.P.No.26089 of 2026 & W.P.No.15039 of 2026 6. The Station House Officer, Martur Police Station, Bapatla District - 523301. 7. Arvapalli Ramanjaneyulu, S/o. Subbarayudu, aged 53 years, occupation : business, R/o.8-148, Mahalakshmi veedhi, Valaparla village, Martur mandal, Bapatla district - 523260. ... Respondents Counsel for the petitioner Nimmagadda Revathi Counsel for the Respondents 1. Government Pleader for Panchayat Raj and Rural Development 2.Sri Mattegunta Sudhir, Standing counsel for Z.P.Ps, M.P.Ps, Gram Panchayats 3. Government Pleader for Revenue 5 BSB,J W.P.No.26089 of 2026 & W.P.No.15039 of 2026 The Court made the following common Order: W.P.No.26089 of 2026 This writ petition is filed under Article 226 of the Constitution of India to declare the action of the respondent No.5 in not granting the building permission despite petitioner's representations, dated 04.02.2026 and 14.07.2026, for the proposed residential construction in Assessment No.1015, Survey No. 509/1 situated at Valaparla village, Martur mandal, Bapatla district, under the guise of the pendency of O.S. No. 29 of 2026 and W.P.No.15039 of 2026, as wholly illegal, arbitrary, unconstitutional and violative of Articles 14, 19(1)(e), 21, and 300-A of the Constitution of India, and consequently direct the respondent No.5 to forthwith consider and accord statutory building permission to the petitioner in accordance with the site and building plan submitted with the representation dated 14.07.2026, leaving a clear setback of 0.75 meters (over 2 feet) from the northern joint boundary wall, within a time-bound period and pass such other order or orders which this Court deems fit in the interest of justice. W.P.No.15039 of 2026 This writ petition is filed under Article 226 of the Constitution of India to declare the action of the respondents Nos.2 to 6, particularly respondent No.5, in not initiating any steps on the petitioner's representation, dated 18.05.2026, submitted for prevention of illegal and unauthorized construction in the suit schedule property admeasuring 81.33 Sq. yards in Sy. No.509/1 situated at Valaparla village, Martur mandal, Prakasam district, which is subject of matter 6 BSB,J W.P.No.26089 of 2026 & W.P.No.15039 of 2026 of the ad-interim injunction order, dated 27.01.2026, in I.A. No.58 of 2026 in O.S. No.29 of 2026, being undertaken by the respondent no.7 by removing already constructed portion thereof with the police aid is in violation 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 aforesaid statute and offends Articles 14 and 21 of the Constitution of India; and consequently direct the respondents to prevent the illegal and unauthorized construction being undertaken by the respondent no.7 and demolish the already constructed portion thereof with the police aid and to pass such other order or orders which this Court deems fit in the interest of justice. 02. The case of the petitioner, stated briefly, is as follows: During the course of hearing, the learned counsel for the writ petitioner in W.P.No.15039 of 2026 submitted that since the writ petitioner in W.P.No.26089 of 2026 comes forward with a proposal to leave the set backs as required under the rules and requested for granting permission, there is no objection to obtain such permission, because the grievance of the petitioner is only that the other party intended to raise construction over the joint wall without leaving any set back. 03. The learned counsel for the writ petitioner in W.P.No.26089 of 2026 submitted to dispose of both the writ petitions in view of the submissions made by the learned counsel for the other party. 7 BSB,J W.P.No.26089 of 2026 & W.P.No.15039 of 2026 04. Accordingly, the W.P.No.26089 of 2026 is disposed of directing the respondent No.5 to consider the request of the petitioner for permission to construct the wall as per the rules within one week. As a consequence, W.P.No.15039 of 2026 is disposed of directing the respondent No.5 to prevent the respondent No.7 therein from making any unauthorised construction deviating from the approved plan. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in these writ petitions shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Date: 01.10.2026 GRL 8 BSB,J W.P.No.26089 of 2026 & W.P.No.15039 of 2026 96 THE HONOURABLE MS JUSTICE B.S.BHANUMATHI WRIT PETITIONs NOs.26089 of 2026 & 15039 of 2026 Date: 01.10.2026 GRL 9 BSB,J W.P.No.26089 of 2026 & W.P.No.15039 of 2026