Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 16148 (AP)

K LAKSHAMAMMA v. THE STATE OF ANDHRA PRADESH

WP/3201/2026 · 2026-02-08

Subba Reddy Satti

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010052172026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3201/2026 Between: 1. K LAKSHAMAMMA, W/ O K. SUBBARAJULU, AGED ABOUT 65 YEARS, OCC UPA SARPANCH, R/O DUSSAVANDLA PALLI VILLAGE, ROMPICHERLA MANDAL, CHITTOOR DISTRICT. 2. P. JYOTHI, D/O P. NAGARAJA, AGED ABOUT 29 YEARS, OCC WARD MEMBER, R/O 1-0, JANDLAVARI PALLI VILLAGE, ROMPICHERLA MANDAL CHITTOOR DISTRICT. 3. S. BHAVAJI, S/O S. SUBIN SAHEB, AGED ABOUT 40 YEARS, OCC WARD MEMBER, R/O MORAVAPALLI VILLAGE, ROMPICHERLA MANDAL, CHITTOOR DISTRICT. 4. K. AMARANADHA REDDY, S/O K. REDDEPPA REDDY, AGED ABOUT 51 YEARS, OCC WARD MEMBER, R/O ROMPICHERLA VILLAGE AND MANDAL, CHITTOOR DISTRICT. 5. SHAIK RESHMA, W/O S. BASHIR, AGED ABOUT 49 YEARS, OCC WARD MEMBER, R/O KASPA PETA VILLAGE, ROMPICHERLA MANDAL, CHITTOOR DISTRICT. 6. KHAMBHAM DWARAKANADHA REDDY,, S/O K. YARRAMMAREDDY, AGED ABOUT 54 YEARS, OCC AGRICULTURE, R/O 3-29, JANDLAVARIPALLI VILLAGE, ROMPICHERLA MANDAL, CHITTOOR DISTRICT. ...PETITIONER(S) AND p. 2 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATHI, GUNTUR DISTRICT. (522238) 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT AT CHITTOOR. (517002) 3. THE DISTRICT PANCHAYAT OFFICER, CHITTOOR DISTRICT AT CHITTOOR. (517001) 4. THE MANDAL PARISHAD DEVELOPMENT OFFICER, ROMPICHERLA, CHITTOOR DISTRICT. (522617) 5. THE TAHSILDAR, ROMPICHERLA MANDAL, CHITTOOR DISTRICT. (522617) 6. THE SUPERINTENDING ENGINEER, PANCHAYAT RAJ, CHITTOOR, CHITTOOR DISTRICT. (517123) 7. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ, SODAM, CHITTOOR DISTRICT. (517123) 8. THE JANDLAVARIPALLE GRAM PANCHAYAT, REPRESENTED BY ITS SECRETARY, JANDLAVARIPALLE VILLAGE, ROMPICHERLA MANDAL, CHITTOOR DISTRICT. (522617) ...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 to issue a WRIT OF MANDAMUS declaring the action of the Respondents herein particularly Respondent No. 2 in not considering the Petitioners' representations, Dt. 25.01.2026 and 29.01.2026 to stop construction of the Panchayat Building for the Respondent No.8 Panchayat at far distant land and non-convenient for the villagers and consequential action of the Respondent Nos.4 to 8 in making arrangements to construct the same by marking the land situated at Sy.No. 1725 of Peddamallela Village, Jandlavaripalle Panchayat, Rompicherla Mandal, Chittoor District which is far distant for the nearby villages in the Respondent No.8 panchayat and without passing any Resolution or conducting Grama Sabha by the petitioners herein despite the 6TH petitioner is willing to give own land in Sy.No.2305/3 of Peddamallela Village, Jandlavaripalle Panchayat, Rompicherla Mandal, Chittoor District but proceeding for the construction as nothing but illegal, p. 3 arbitrary, highhanded apart from being violative of fundamental and constitutional rights guaranteed under articles 14 and 21 of the Constitution of India and consequently direct the Respondents not to make any construction in respect of Panchayat Building in SY No.1725 of Pedda Mallela Revenue Village, Jandlavaripalle Panchayat, Rompicherla Mandal, Chittoor District and 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 to DIRECT the Respondent Nos.2, 4 to 8 not to make any construction in respect of Panchayat Building in Sy.No. 1725 of Pedda Mallela Revenue Village, Jandlavaripalle Panchayat, Rompicherla Mandal, Chittoor District by considering the petitioners’ representations, Dt. 25.01.2026 and 29.01.2026, pending disposal of the Writ petition before this Hon’ble court, and pass Counsel for the Petitioner(S): 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ::ORDER :: The petitioners' grievance in the writ petition is that the representations dated 25.01.2026 & 29.01.2026 made by them have not been considered by respondent No. 2. 2. Heard Sri Anand Surya, learned counsel representing Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioners; Sri Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj appeared for respondents 1 to 3, 6 & 7; Sri Ms. Kavitha, learned counsel representing Sri M. Sudhir, learned Standing Counsel appeared for respondent No.4 and Ms. Usha, learned Assistant Government Pleader appeared for respondent No.5. Page 4 of 6 3. Learned counsel for the petitioners would submit that the petitioners are the residents of Dussavandlapalli Village, Rompicherla Mandal, Chittoor District. The petitioners came to know that respondents 4 to 8 are planning to construct a new Gram Panchayat building at Sy.No.1725 of Peddamallela Village, Jandlavaripalle Panchayat, Rompicherla Mandal, Chittoor District. He would also submit that neither a resolution was passed nor was the site identified by the Gram Panchayat. He would also submit that the Jandlavaripalle Gram Panchayat consists of 11 villages. The proposed building, if constructed at a far-off location, it will not meet the requirements of the Gram Panchayat. 4. Sri Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Ms. Kavitha, learned counsel appearing for Gram Panchayat, submitted the instructions of the District Panchayat Officer and Panchayat Secretary, Jandlavaripalli Village. A perusal of instructions would indicate that the Tahsildar, Rompicherla Mandal, identified the Government land in Sy.No.1725, for the construction of a new Gram Panchayat building. The contractor made a plan to construct a new Gram Panchayat building, without passing a Gram Panchayat resolution and conducting a Gram Sabha. Later, the Panchayat Secretary stopped the construction of the new Gram Panchayat building. 5. The instructions of the Tahsildar, Rompicherla Mandal, would disclose that the land in Sy.No.1725 is feasible for the construction of the Gram Panchayat building. The land in Sy.No.2305/3 mentioned in the writ petition is settlement land. The villagers of Jandravaripalli Village are opposing the construction of the Gram Panchayat building in Sy.No.2305/3. 6. The instructions of the Panchayat Secretary and the District Panchayat Officer would disclose that the Tahsildar identified the site in Sy.No.1725, the Government land, which is feasible for the construction of the Gram Panchayat building in Jandravaripalli, Rompicherla Mandal. However, no resolution was passed by the Gram Panchayat. Page 5 of 6 7. The Government issued G.O.Ms.No.277 Panchayat Raj, Rural Development & Relief (Pts - II), dated. 13.04.1995. As per the said rules, every Gram Panchayat shall provide a building for the location of its office by constructing one by itself or by taking one on rent or free of rent and its office shall be located therein. Further, the Gram Panchayat building shall be as far as possible in the centre of the main village and accessible to all the members of the Gram Panchayat and to all castes and communities. 8. Thus, as seen from the instructions, the officials have not placed any resolution regarding the construction of the Gram Panchayat building. In fact, the instructions would further indicate that the Panchayat Secretary of respondent No.8 has stopped the construction. 9. Given the facts and circumstances of the case, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, that the respondents 4 to 8 shall ensure that the Gram Panchayat building in Jandravaripalli shall be constructed keeping in view of the provisions of G.O.Ms.No.277 Panchayat Raj, Rural Development & Relief (Pts - II), dated. 13.04.1995. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 09.02.2026 TVN p. 6 457 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3201 of 2026 Date: 09.02.2026 TVN