APHC010112692026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6036/2026 Between: 1. MEDISETTI VENKATA RAO, S/O LATE JOGULU, AGED 74 YEARS, R/O D.NO.4-126, GANDHI STREET, NEAR ANJANEYA SWAMY TEMPLE, PULLETIKURRU VILLAGE, AMBAJIPET MANDAL, DR.B.R. AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATRAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522238. 2. THE DISTRICT COLLECTOR, DR. B.R. AMBEDKAR KONASEEMA DISTRICT AT AMALAPURAM-533201. 3. THE DISTRICT PANCHAYAT OFFICER, DR. B.R. AMBEDKAR KONASEEMA DISTRICT AT AMALAPURAM-533201. 4. THE TAHSILDAR, AMBAJIPETA MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT-533214. . 5. PULLETIKURRU GRAM PANCHAYAT, REP. BY ITS SECRETARY, PULLETIKURRU, AMBAJIPET MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT-533214. Page 2 of 7 SRS,J W.P.No.6036 of 2026 6. THE SARPANCH, GRAMPANCHAYAT, PULLETIKURRU, AMBAJIPET MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT-533214. 7. THE MANDAL SURVEYOR, O/O THE TAHSILDAR, AMBAJIPETA MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT-533214. 8. GUNDABATTULA PAVAN KISHORE, S/O SURYA NARAYANA AGED ABOUT 38 YEARS, R/O H.NO. 4-128, GANDHI STREET, NEAR ANJANEYA SWAMY TEMPLE, PULLETIKURRU VILLAGE, AMBAJIPET MANDAL, DR.B.R. AMBEDKAR KONASEEMA DISTRICT-533214. 9. GUNDABATTULA RAMBABU, S/O VENKATESWARA RAO, AGED ABOUT 48 YEARS, R/O H.NO. 4-128, GANDHI STREET, NEAR ANJANEYA SWAMY TEMPLE, PULLETIKURRU VILLAGE, AMBAJIPET MANDAL, DR.B.R. AMBEDKAR KONASEEMA DISTRICT-533214 ...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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the illegal and high handed action on the part of the respondents particularly the respondents 4 to 7 in contemplating to demolish the existing structures in RCC building which is in existence in an extent of 209 sq.yards covered by R.S No. 182/1A of Pulletikurru Village, Ambajipet Mandal, Dr.B.R. Ambedkar Konaseema District, illegally and highhandedly at the instance and pressure exerted by the respondents 8 and 9, ignoring the orders of this Hon'ble Court dated 03-05-2024 in W.P No. 13366 of 2023, orders in W.P Nos. 3209 of 2023 and 7406 of 2024, order of status-quo in I.A No. 95 of 2024 in O.S No. 76 of 2024 dated 22-08-2024 and order of Temporary Injunction in I.A No. 39 of 2023 in O.S No. 48 of 2023 dated 17-02-2023 on the file of the court Principal Civil Judge (Junior Division) Amalapuram, as illegal, arbitrary, malafide, against the principles of Natural Justice, besides of Constitutional Guarantees and to consequently direct the violation respondents not to interfere with the possession and enjoyment of the petitioner in respect of the p. 3 SRS,J W.P.No.6036 of 2026 subject property in any manner including demolition, construction of drainage, conducting survey etc., 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 direct the respondents not to interfere with the possession and enjoyment of the petitioner in respect of the subject property i.e., RCC building which is in existence in an extent of 209 sq.yards covered by R.S No. 182/1A of Pulletikurru Village, Ambajipet Mandal, Dr.B.R. Ambedkar Konaseema District, in any manner including demolition, construction of drainage, conducting survey etc., during the pendency of the above writ petition in the interest of justice and to pass Counsel for the Petitioner: 1. K JYOTHI PRASAD Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: :: ORDER :: Heard Sri K. Jyothi Prasad, learned counsel for the petitioner; Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj, for respondents 1 and 3; Ms. P Usha, learned Assistant Government Pleader for Revenue, for respondents 2, 4 and 7, Sri Chaitanya, learned counsel representing Sri Y. Koteswara Rao, learned standing counsel for respondent No.5. 2. Notice in respect of respondents 6, 8 and 9, is dispensed with since no adverse order affecting their rights or interests is passed. Page 4 of 7 SRS,J W.P.No.6036 of 2026 3. The above writ petition was filed to declare the action of respondents 4 to 7 in attempting to demolish the structures of RCC building raised in land admeasuring 209 square yards, situated in R.S.No.182/1A, Pulletikurru Village, Ambajipet Mandal, Dr.B.R. Ambedkar Konaseema District, despite the order, dated 03.05.2024 passed in W.P.Nos.13366 of 2023, 3209 of 2023 and 7406 of 2024; order of status quo, dated 22.08.2024 in I.A.No.95 of 2024 in O.S.No.76 of 2024 and order of temporary injunction, dated 17.02.2023 in I.A.No.39 of 2023 in O.S.No.48 of 2023 on the file of the learned Principal Civil Judge (Junior Division), Amalapuram, as illegal and arbitrary. 4. Learned counsel for the petitioner would submit that the petitioner is the absolute owner and possessor of the subject property, having acquired the same under a registered Gift Settlement Deed document No.1794/2016 dated 10.08.2016. Learned counsel would also submit that civil disputes are pending between the petitioner and respondents 6 to 8. Earlier, when the officials tried to demolish the compound wall, the petitioner filed W.P.No.13366 of 2023, and an interim order was granted directing the authorities to follow due process of law. Despite the said interim order, the authorities tried to demolish the structures, and hence, the petitioner filed W.P.No.7406 of 2024. In the said writ petition, an interim order was granted directing the authorities not to take coercive steps. While so, respondent No.8 filed W.P.No.3209 of 2023, questioning the inaction of the official respondents in demolishing the subject structures. Both the writs were disposed of, directing the authorities to take steps against the encroachments, if any, made in the subject property, in accordance with law. Subsequently, the Panchayat Secretary of respondent No.5 issued notice, dated 21.01.2026, Ex.P22, calling upon the petitioner to attend the hearing on 22.01.2026 and the petitioner submitted an explanation, Ex.P23, for the same. Thereafter, another notice, dated 03.02.2026, Ex.P24, was issued, for which the petitioner submitted an explanation dated p. 5 SRS,J W.P.No.6036 of 2026 06.02.2026, Ex.P25. Subsequently, a resolution was passed by the Gram Panchayat, on 16.02.2026, Ex.P26 and a notice was issued by respondent No.7, to conduct a survey. Learned counsel would submit that earlier, a survey was conducted on two occasions and under the guise of the survey, the authorities came to the petitioner’s house along with JCB and attempted to demolish the structures. 5. Learned counsel for respondent No.5, on instructions of Panchayat Secretary, respondent No.5 would submit that a survey alone was conducted on 02.03.2026 in pursuance of the order, dated 08.12.2025, passed in W.P.No.7406 of 2024. He would further submit that the authority has not attempted to demolish the structure. 6. Learned Assistant Government Pleader for Revenue, submitted the instructions of the Tahsildar. 7. A perusal of the instructions furnished by the Tahsildar would indicate that the authority assisted the survey and has not attempted to demolish the structure. 8. The contention of the petitioner, as seen from the pleadings, is that in the guise of the survey, the authorities are attempting to demolish the structures, given the instructions are apprehensive. In fact, the learned counsel for respondent No.5 submitted that after receipt of a survey report, a copy of the same will be furnished to the petitioner, and after hearing the petitioner, the Panchayat Secretary of respondent No.5 will pass a reasoned order. 9. Given the facts and circumstances of the case, without going into other factual disputes, this writ petition is disposed of at the admission stage, with the consent of learned counsel on either side, directing respondents 4 and 5 p. 6 SRS,J W.P.No.6036 of 2026 not to interfere with the petitioner’s subject building, without passing a reasoned order as indicated supra. 10. The Secretary of respondent No.5 shall furnish a copy of the survey report to the petitioner, enabling him to submit objections, if any. The Secretary of respondent No.5 shall afford an opportunity of hearing to the petitioner during the enquiry before passing a reasoned order. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 03.03.2026 IKN p. 7 SRS,J W.P.No.6036 of 2026 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6036 of 2026 Date: 03.03.2026 IKN