APHC010061922026 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: 3519/2026 Between: 1. GALLA JAYA RAMIREDDY,, S/O. GALLA RAMI REDDY, R/O. D.NO.1/48, KONDAMPALLI, PEDDULAPALLI GRAM PANCHAYAT, B- KODURU MANDAL, YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, TADEPALLI, GUNTUR DISTRICT- 522 501. 3. THE DISTRICT COLLECTOR, KADAPA, YSR KADAPA DISTRICT - 516 001. 4. PEDDULAPALLI GRAM PANCHAYAT, REP. BY ITS SECRETARY, PEDDULAPALLI, B-KONDURU MANDAL, YSR KADAPA DISTRICT - 516 130. 5. THE TAHSILDAR, B-KONDURU MANDAL YSR KADAPA DISTRICT - 516 228. Page 2 of 6 SRS,J W.P.No.3519 of 2026 6. GANGIREDDY PRASANNA KUMAR REDDY, S/O. SESHA REDDY, AGED ABOUT 25 YEARS, R/O. KONDAMPALLI, PEDDULAPALLI GRAM PANCHAYAT, B-KODURU MANDAL, YSR KADAPA DISTRICT - 516289. 7. GANGIREDDY RAMACHANDRA REDDY, S/O. NARASIMHA REDDY R/O. KONDAMPALLI, PEDDULAPALLI GRAM PANCHAYAT, B- KODURU MANDAL, YSR KADAPA DISTRICT - 516289. 8. GANGIREDDY NAGESWAR REDDY, S/O. NARASIMHA REDDY, R/O. KONDAMPALLI, PEDDULAPALLI GRAM PANCHAYAT, B- KODURU MANDAL, YSR KADAPA DISTRICT. ...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 issue a writ order or direction more particularly, one in the nature of Writ of Mandamus impugn the action of the Respondents 3 to 5 in not taking any action against the Respondents 6 to 8 who is constructing the house without obtaining any permission from the 4th Respondent by occupying the road in Sy.No.26/1 to an extent of 15 feet road of Kondampalli Village, B-Koduru Mandal, YSR Kadapa District as illegal, arbitrary and violation of Section 121 of Andhra Pradesh Panchayat Raj Act, 1994 and consequently direct the Respondents 3 to 5 to stop the construction of the Respondents 6 to 8 in Sy.No.26/1 by occupying the Gram Panchayat Road to an extent of 15 feet road of Kondampalli Village, B-Koduru Maandal, YSR Kadapa District as illegal, arbitrary and violative of principles of natural justice. 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 direct the Respondents 3 to 5 to stop the construction of the Respondents 6 to 8 in Sy.No.26/1 by occupying the Gram Panchayat Road to an extent of 15 feet road of Kondampalli Village, B-Koduru Mandal, YSR Kadapa District pending disposal of the above writ petition and pass such other order or orders in the interest of justice. Page 3 of 6 SRS,J W.P.No.3519 of 2026 Counsel for the Petitioner: 1. Y MAHA LAKSHMI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: ::ORDER :: Heard Smt. Y. Mahalakshmi, learned counsel for the petitioner; Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj, for respondents 1 to 3; Ms. Kavitha, learned counsel representing Sri M. Sudhir, learned standing counsel for respondent No.4; Ms. P. Usha, learned Assistant Government Pleader for Revenue, for respondent No.5 and Sri D. Harshavardhan, learned counsel for respondents 6 to 8. 2. The petitioner filed the above writ petition to declare the action of respondent No.4 in not initiating any action against respondents 6 to 8, who are making construction without obtaining permission from respondent No.4, as per the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 (for short ‘the Act’) and the Rules made thereunder, by occupying road in survey No.26/1 of Kondampalli Village, B-Koduru Mandal, YSR Kadapa District. 3. Learned counsel for the petitioner would submit that the property originally belonged to one Gangi Reddy Chinna Seshaiah, who had two sons by name Gangaiah and Ramaiah. Ramaiah has no issues, and he adopted the petitioner’s father and bequeathed the properties. Later, the property fell to the share of the petitioner by way of a registered Will, dated 20.06.1971, and the petitioner has been in possession and enjoyment of the property. Respondents 6 to 8, who are adjacent land owners, are making construction by occupying the Government road. Respondent No.4, the competent p. 4 SRS,J W.P.No.3519 of 2026 authority, issued a notice, dated 07.01.2026, however, did not take any further action against respondents 6 to 8. 4. The writ petition was listed on 06.02.2026 and adjourned at the request of learned standing counsel for respondent No.4. This Court permitted the learned counsel for the petitioner to take out personal notice to respondents 6 to 8 through speed post and file proof of service. 5. Sri D. Harsha Vardhan, learned counsel, appeared for respondents 6 and 7. 6. Today, when the matter is taken up, learned counsel for respondent No.4, submitted instructions of the Panchayat Secretary, wherein it was noted that respondents 6 and 7 started construction of a residential house in the survey No.26/1, without obtaining any permission. A show-cause notice dated 13.02.2026 was issued to respondents 6 and 7, directing them not to make any further construction without obtaining permission. Further stated that the authority will follow due process as per the Act and the Rules made thereunder. 7. Learned counsel for respondents 6 and 7 would fairly submit that respondents 6 and 7 did not obtain any permission. He would further submit that they will make the necessary application before respondent No.4 and, after obtaining permission, proceed with further construction. The same is recorded. 8. Given the above facts and circumstances of the case, keeping this writ petition pending will not serve any purpose. Hence, this writ petition is disposed of at the admission stage, with the consent of learned counsel on either side, with the following directions: p. 5 SRS,J W.P.No.3519 of 2026 i) The Panchayat Secretary of respondent No.4 shall ensure that respondents 6 and 7 shall not make any construction in survey No. 26/1 of Kondampalli Village, B-Koduru Mandal, YSR Kadapa District, without obtaining permission from respondent No.4, as per the provisions of the A.P.Panchayat Raj Act and the Rules made thereunder. ii) Respondents 6 and 7 shall not make any construction in the aforementioned property without obtaining permission from respondent No.4. iii) If respondents 6 and 7 make an application seeking building permission, the learned respondent No.4 shall consider the same and pass appropriate orders, strictly as per the Act and the Rules. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 16.02.2026 IKN p. 6 SRS,J W.P.No.3519 of 2026 200 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3519 of 2026 Date: 16.02.2026 IKN