APHC010029272026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1925/2026 Between: 1. BRINDAVANAM NAGABHUSHANAM, S/O. BRINDAVANAM GOPALA KRISHNA MURTHY, AGED ABOUT 35 YEARS, BUSINESS, RIO. D. NO. 3-67, RAPAKA VILLAGE, IRAGAVARAM MANDAL, WEST GODAVARI, A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT- 522503. 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, PVS ICON BUILDING, PATHURU X ROAD, TADEPALLI, GUNTUR, A.P.-522501. 3. THE DISTRICT COLLECTOR FOR WEST GODAVARI, COLLECTORATE OFFICE, ELURU A.P. 4. THE DISTRICT PANCHAYAT OFFICER, THE DISTRICT GRAM PANCHAYAT OFFICE, BHIMAVARAM, WEST GODAVARI, A.P. 5) 5. THE DIVISIONAL AND PANCHAYAT OFFICER, REVENUE DEPARTMENT OFFICE, NEAR MUNICIPAL OFFICE, TADEPALLIGUDEM, 534101. Page 2 of 6 SRS,J W.P.No.1925 of 2026 6. RAPAKA VILLAGE PANCHAYAT, REP BY ITS SECRETARY, RAPAKA VILLAGE, IRAGAVARAM MANDAL. 7. THE SARPANCH, RAPAKA VILLAGE PANCHAYAT, RAPAKA VILLAGE, IRAGAVARAM MANDAL, WEST GODAVARI, A.P. ...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 pass orders, to issue writ order or direction, more particularly, one in the nature of Writ of Mandamus, directing the inaction of the Respondents in considering the Petitioners representation dated 22-12- 2025, and failing to conduct auction of Jaggabatla water tank even after initiating the procedure and collecting deposit of Rs. 20,000/- for auction of the ponds in Rapaka Gram Panchayat in Iragavaram Mandal, under the guise of beautification of only the northern side of the said tank by misutilising the funds, which can be utilized for more exigent and important welfare activities in the village, like namely laying drainage to the new colony, current poles, development of health center etc., thereby direct the Respondents to conduct auction of Jaggabatla water tank immediately, in the interest of justice and to pass IA NO: 1 OF 2026 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 pass interim orders directing the Respondents, to initiate immediate steps to conduct auction for Jaggabatla pond and consider the representation dated 22-12- 2025 made to the Respondents as expeditiously as possible, in the interest of justice and also to pass IA NO: 2 OF 2026 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 May be pleased to amend the cause title of the petition with regard to the Respondent No 7, The Sarpanch, Rapaka Village Panchayat, Rapaka Village, Iragavaram Mandal, West Godavari, A.P. (Respondent No. 7) Amend as Mr. Brindavanam Gopalakrishna Murthy, The Sarpanch, Rapaka Village Panchayat, Rapaka Village, Iragavaram Mandal, West Godavari, A.P. p. 3 SRS,J W.P.No.1925 of 2026 (Respondent No. 7) instead of the initial cause title and of the writ petition, in the proceedings of W.P. No.1925/2026 and pass Counsel for the Petitioner: 1. ANIL KUMAR DASARI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ::ORDER :: Heard Sri Aneel Kumar Dasari, learned counsel for the petitioner; Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development, for respondents 1 to 5, and Sri Chaitanya, learned counsel representing Sri Y. Koteswara Rao, learned standing counsel for respondents 6 and 7. 2. The above writ petition was filed to declare the inaction of respondents 3 to 5 in considering the representation dated 22.12.2025 made by the petitioner, requesting to conduct an auction of Jaggabatla water tank, Rapaka Gram Panchayat, Iragavaram Mandal, as illegal and arbitrary. 3. Learned counsel for the petitioner would contend that three ponds/tanks i.e. Gogulamma, Gullagunta and Jaggabatla, are located in Rapaka Gram Panchayat. An auction was proposed, in respect of three tanks; however auction was finalised in respect of Gogulamma and Gullagunta tanks. He would contend that the petitioner emerged as the highest bidder in respect of p. 4 SRS,J W.P.No.1925 of 2026 Gogulamma tank. The auction with respect to the Jaggabatla tank was postponed under the guise of beautification work taken up under MPLADS funds. Learned counsel would contend that the amount realised out of the auction will be utilised for the benefit of the Gram Panchayat. Learned counsel would submit that, in fact, the petitioner paid Rs.20,000/- towards the security deposit. The representation made by the petitioner regarding the conduct of the Jaggabatla tank is not considered. 4. Learned Assistant Government Pleader for Panchayat Raj, on the instructions of District Panchayat Officer and Sri Chaitanya, learned counsel, on the instructions of respondent No.6 would submit that the Gram Panchayat, by resolution No.22, dated 24.10.2025, approved development of the pond and empowered the Panchayat to take over the pond as and when required. The same was mentioned in the conditions of the bidding at point Nos.2, 10 and 22. The amounts of Rs.24,00,000/- and Rs.20,00,000/- were sanctioned vide orders dated 26.04.2025 and 29.05.2025 respectively, for CC planks and gravel topping works and laying of CC roads. They would submit that the Assistant Engineer (R.W.S.) and Mandal Engineering Officer, by letters dated 16.12.2025 and 18.12.2025, respectively, instructed the Gram Panchayat to hand over the site for the timely completion of works. Learned counsel would further submit that the postponement of the auction of Jaggabatla pond was temporary in the public interest, to facilitate execution of work and to avoid legal and administrative complications. Page 5 of 6 SRS,J W.P.No.1925 of 2026 5. Thus, as seen from the averments of the writ affidavit and the instructions submitted by learned counsel for the respondents, there is no dispute regarding the proposal to conduct an auction for Jaggabatla pond along with the other two ponds. However, the auction with respect to the Jaggabatla pond was postponed temporarily to facilitate the execution of certain works. 6. Since the auction was postponed on the instructions of the Assistant Engineer (R.W.S.) and the Mandal Engineering Officer, to hand over the site for the timely completion of works, this Court does not find any illegality or irregularity in postponing the auction. However, the auction shall not be postponed indefinitely since the amount fetched in the auction will be used for the benefit of the Gram Panchayat. 7. Given the above, this writ petition is disposed of at the admission stage with the consent of learned counsel on either side, directing the authorities to ensure the completion of beautification works of Jaggabtla pond as expeditiously as possible within a period of eight months and thereafter proceed with the auction, strictly as per the Rules. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 28.01.2026 IKN p. 6 SRS,J W.P.No.1925 of 2026 215 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1925 of 2026 Date: 28.01.2026 IKN