APHC010179452026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL No.449 of 2026 Bench Sr.No:-7 [3579] Boddu Vasudeva Raju and another ...Appellants Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for Appellants : Sri V. R. Machavaram Advocate for Respondents : Learned Government Pleader for Panchayat Raj and Rural Development, Sri Mattegunta Sudhir, learned Standing Counsel for Zilla Praja Parishads, Mandal Praja Parishads & Gram Panchayats, learned Government Pleader for Revenue. CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE NINALA JAYASURYA DATE : 4th May 2026 LISA GILL, CJ. Prayer in this Writ Appeal is for setting aside order dated 09.03.2026 passed by learned Single Judge in Writ Petition No.6475 of 2026. 2. Present appellants/writ petitioners filed the said writ petition seeking a direction to respondents to consider representations dated 24.01.2026 and 17.02.2026 stated to have been submitted by the villagers of Ramavarappadu (Kothuru) Village along with writ petitioners. 2 HCJ & NJS, J W.A.No.449 of 2026 3. Grievance raised by petitioners is that construction of Gram Panchayat Building is being incorrectly carried out at Survey No.958 of Ramavarappadu (Kothuru) Village as per proceedings dated 25.12.2025 of respondent No.6. 4. Learned Single Bench, on considering the facts and circumstances and specific stand of respondent No.6/Tahsildar with reference to report dated 22.12.2025, found no ground to cause interference. It is specifically observed that the land in question has been correctly identified for construction of the Panchayat Building whereas petitioners seek construction of the building upon land in Survey No.782 measuring Ac.0-28 cents, which is classified as a “Well Poramboke (Water Course)”. Aggrieved therefrom, present appeal has been filed. 5. Learned counsel for appellants vehemently argues that impugned order dated 09.03.2026 has been incorrectly passed without taking into consideration entire facts and circumstances in its correct perspective. The Panchayat building is being constructed at a considerable distance from the Village Centre whereas it is for the convenience of villagers. However, it appears that it is being constructed for convenience of the Sarpanch of Gram Panchayat, who has proceeded in a biased manner. It is further submitted that husband of the Sarpanch is the Contractor raising the building. It is, thus, prayed that this appeal be allowed. 3 HCJ & NJS, J W.A.No.449 of 2026 6. Learned counsel for respondents have opposed the same while supporting decision dated 09.03.2026. Dismissal of appeal is sought. 7. We have heard learned counsel for parties and have perused the file but we do not find any ground to cause any interference. 8. Learned Single Bench, while considering the factual matrix, has referred to specific applicable instructions. Relevant portion of order 09.03.2026 reads as under:- “5. A perusal of the instructions would manifest that the Gram Panchayat passed a resolution on 23.12.2025, proposing to construct the Gram Panchayat building, and the works commenced in the month of January, 2026. The land identified at Sy.No.958 is located at a distance of 200 Meters from the village center and has access to the road. The land suggested by the petitioners in Sy.No.782 is located at a distance of 2.5 KM from Ramavarappadu SC Colony. The construction of the building has been completed up to the basement level, and pillars have been raised. The Panchayat Secretary of the 8th respondent, in fact, considered the representations and will communicate the endorsement shortly. Funds were allotted to construct the building under Rashtriya Gram Swaraj Abhiyan (RGSA) in convergence with NREGS Grant for the construction of a Gram Panchayat building measuring 1226 Square feet in an extent of Ac.0.05 cents in eight Gram Panchayats of various Mandals, including Ramavarappadu Gram Panchayat. Along with the instructions, the proceedings of the Tahsildar – 6th respondent are also annexed. 6. Learned Assistant Government Pleader for Panchayat Raj and Rural Development submitted instructions of the District Panchayat Officer, SPSR Nellore District, stating that the present location where 4 HCJ & NJS, J W.A.No.449 of 2026 the Gram Panchayat building is being constructed is accessible to all the habitations of the Ramavarappadu Gram Panchayat. 7. The construction of the Gram Panchayat building and its identification of the suitable location were done by the authorities after taking into consideration all the factual aspects viz., suitability, accessibility etc.. In fact, a resolution was passed by the Gram Panchayat as noted supra. As seen from the instructions, the authorities identified a suitable location for all the villagers. The petitioners, only two in number, filed the above writ petition complaining about the location. 8. However, as seen from the instructions, the land in Sy.No.782 admeasuring Ac.0.28 cents is classified as “Well Poramboke (Water Course)” and is situated at a distance of 2.5 KM from SC Colony. All these things were considered, and the authorities finally identified an extent of Ac.0.05 cents in Sy.No.958, and the construction is already in progress. In fact, as seen from the instructions of the Panchayat Secretary of the 8th respondent, an endorsement will be issued to the petitioners shortly.” 9. We have perused report dated 22.12.2025 of the Tahsildar. We have also perused the representation stated to be submitted by villagers of Ramavarappadu Village and also the petitioners, who are admittedly two in number. Vernacular of the said representation by villagers depicts signature of one person. 10. Learned counsel for appellants/writ petitioners is unable to deny that allegation in respect to the Sarpanch, as is being raised before us today, was not a part of the writ affidavit and neither was the Sarpanch impleaded as party to the writ petition. 5 HCJ & NJS, J W.A.No.449 of 2026 11. Learned Single Bench has correctly held that the land in question has been rightly identified by the authorities. Learned counsel for petitioners is unable to point out any document on record which would indicate that selection of the land in question is illegal or arbitrary. The exercise of identification of land was carried out by the authorities after considering all relevant aspects and the resolution of the Gram Panchayat in this respect passed as well. Learned counsel for appellants is unable to point out any illegality or infirmity in impugned order dated 09.03.2026 passed by learned Single Bench. No ground is made out to cause interference. 12. This appeal is, accordingly, dismissed. No order as to costs. Miscellaneous Applications pending, if any, shall stand closed. LISA GILL, CJ NINALA JAYASURYA, J AMD 6 HCJ & NJS, J W.A.No.449 of 2026 05 HON’BLE MRS. JUSTICE LISA GILL, CHIEF JUSTICE & HON’BLE MR. JUSTICE NINALA JAYASURYA WRIT APPEAL No.449 of 2026 Dt:04.05.2026 AMD