APHC010039222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2220/2025 Between: 1. MUTTABATTULA VEERA VENKATA SATYANARAYANA, S/O M SUBBARAO, MALE, AGED ABOUT 45 YEARS, OCC.-AGRICULTURE LABORER, R/O.GUNNEPALLI AGRAHARAM, AMALAPURAM MANDAL, DR BR AMBEDKAR KONASEEMA DISTRICT ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPT., AP SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATI 2. THE DISTRICT COLLECTOR, (P WING ) DR BR AMBEDKAR KONASEEMA DISTRICT 3. THE DISTRICT PANCHAYAT OFFICER, AMALAPURAM, DR BR AMBEDKAR KONASEEMA DISTRICT, 4. MANDAL PARISHAD DEVELOPMENT OFFICER, AMALAPURAM MANDAL, DR BR AMBEDKAR KONASEEMA DISTRICT 5. GUNNEPALLI AGRAHARAM GRAMA PANCHAYAT, REP. BY ITS SECRETARY, AMALAPURAM MANDAL DR BR AMBEDKAR KONASEEMA DISTRICT ...RESPONDENT(S): 2 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 to issue an appropriate Writ, Order or Direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the 5th Respondent authorities in interfering with the Petitioners property and erecting overhead tank opposite to the Petitioners subject property, and thus restraining ingress and egress to Petitioners house in D. No. 3-22 in Ac. 0.03 cents in RS No. 25/11, Gunnepalli Agraharam Grama Panchayat, Amalapuram Mandal, Dr BR Ambedkar Konaseema District, Andhra Pradesh without following due process of law as illegal, arbitrary, high-handed, unlawful, contrary to Order dt. 17.12.2024 in W.P No. 20547 of 2024, violative of Article 19(1)(d) and Article 300A of the Constitution of India and consequently direct the Respondents not to interfere and restrain the Petitioners access to the subject property or 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 to direct the Respondent authorities to not to construct overhead Water Tank, and not to restrain ingress and egress of the Petitioner in the land to an extent of Ac. 0.03 cents in D. No. 3-22, RS No. 25/11, Gunnepalli AgraharamVillage, Amalapuram Mandal, Dr BR Ambedkar Konaseema District, Andhra Pradesh pending disposal of the above Writ Petition or to pass 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 to permit the petitioner to implead as the proposed 6th respondent as party respondent in W.P.No. 2220 of 2025 in the main Writ petition and in all Interlocutory Applications and pending disposal of the writ petition, and pass IA NO: 3 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 to vacate the interim order passed in I.A no.1 of 2025 in W.P No.2220 of 2025 on 27.01.2025 and pass Counsel for the Petitioner: 3 1. MAKIREDDY MANOJ Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra The Court made the following: ::ORDER:: Heard Sri M.Manoj, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents 1 to 3 and Sri Chaityanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the respondents 4 and 5. 2. The above writ petition was filed to declare the action of the 5th respondent in interfering with the petitioner’s property admeasuring Ac.0.03 cents in R.S.No.25/11, bearing D.No.3-22 of Gunnepalli Agraharam Gram Panchayat, Amalapuram Mandal, Dr. B.R.Ambedkar Konaseems District, without issuing any notice, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that the Tahsildar, Amalapuram Mandal, assigned an extent of Ac.0.03 cents of house site, Plot No.21 in R.S.No.25/11 of Gunnepalli Agraharam Gram Panchayat, to the petitioner’s father vide Ex.P1. Thereafter, the petitioner constructed the house and has been residing therein. The petitioner’s father built a small hut and used to live therein. After the demise of the petitioner’s father in the year 2013, the petitioner raised a small shed. Be that as it may, the 5th respondent started digging large pit-holes on the land belonging to the petitioner on 25.01.2025, without issuing any notice to construct an overhead tank. The construction of the overhead tank will impact the petitioner’s ingress and egress. An interim order was granted on 27.01.2025 and the same is extended from time to time. 4 4. A counter-affidavit was filed on behalf of the 5th respondent, contending, inter alia, that the Grama Sabha passed a resolution by vide Resolution No.16 dated 28.10.2024 to construct a water tank in Sy.No.25/11. The Central Government introduced “Jala Jeevan Mission” for every village for drinking water purposes. Under the said scheme, funds were sanctioned to the 5th respondent Gram Panchayat. It is further contended that the proposed construction does not affect the petitioner’s ingress and egress, as a road exists on the northern side of the petitioner’s house, and that the water tank is proposed beyond the said road and eventually prayed to dismiss the writ petition. 5. Learned counsel for the petitioner and learned Standing counsel for the respondents 4 and 5 reiterated the contentions as per the averments in the affidavit and the counter-affidavit. Along with the counter-affidavit, a rough sketch sanctioned by the Tahsildar was placed before this Court. A copy of the rough sketch was handed over to the learned counsel for the petitioner. 6. As seen from the material available on record, there is no dispute regarding the assignment of Ac.0.03 cents, Plot No.21 in R.S.No.25/11 of Gunnepalli Agraharam Village, in favour of the petitioner’s father. It is also an undisputed fact that a shed was constructed and the petitioner, along with his family residing therein. Towards the northern side of the plot, a CC road exists. Towards the north of the CC road water tank was proposed to be constructed. No portion of the petitioner’s land was encroached upon by the authorities to construct the water tank. The contention of the petitioner that the 5th respondent authority encroached upon the petitioner’s land of Ac.0.03 cents in R.S.No.25/11 of Gunnepalli Agraharam Village, lacks merit. 7. In fact, as noted supra, the funds were sanctioned for the construction of a water tank under Jala Jeevan Mission, and Grama Sabha passed a resolution dated 28.10.2024 approving the same. The construction of the water tank is in the interest of all the villagers. 5 8. Given the facts and circumstances of the case, this Court does not find any merit. The writ petition is liable to be dismissed, and accordingly, the writ petition is dismissed. The interim order granted earlier shall stand vacated. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Dated: 16.02.2026 SNI 6 195 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.2220 OF 2025 Dated: 16.02.2026 SNI