APHC010190902019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] FRIDAY,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 8224/2019 Between: 1. K.VIJAYA LAKSHMI,, W/O.K.M.VEERRAJU, AGED ABOUT 61 YEARS, OCC HOUSEWIFE, R/O.D.NO.3-31, K.V.R.COLONY, RAMANAYYAPETA-533 005, KAKINADA TOWN, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. RAMANAYYAPETA GRAMPANCHAYAT, REP.BY ITS EXECUTIVE AUTHORITY-CUM-SECRETARY, RAMANAYYAPETA, KAKINADA RURAL MANDAL, EAST GODAVARI 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 toto issue a Writ, Order or Direction, more particularly one in the nature of a WRIT OF MANDAMUS, declaring the action of the 2nd respondent herein in issuing Notice in R.K.No.18/2011, dated 20.06.2019, directing the petitioner to vacate and handover vacant possession of the Land to an extent of 624.89 sq. yards, situated at tre northern side of Plot Nos.10 and 17, covered by Layout permit No.143/87, forming part of Survey No.232/8, 232/9, situated at Ramanayyapeta Grampanchayat, Kakinada Rural Mandal, East 2 Godavari District, which is said to be public open space belonging to the 2nd respondent Grampanchayat, within one month from the date of receipt of the said notice, failing which the constructions made therein will be demolished and the possession of the land will be taken by the 2nd respondent, without considering the long standing possession and enjoyment of the petitioner and the offers made by the petitioner for payment of market value or alternative sites through the petitioner's representations and replies etc, as illegal, arbitrary and set aside the same and consequently direct the respondents herein to consider the request of the petitioner for payment of market value or exchanging alternative site, forthwith and to pass IA NO: 1 OF 2019 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 stay all further proceedings pursuant to the Impugned Notice issued by the 2nd respondent herein in R.K.No.18/2011, dated 20.06.2019 including dispossession and demolitior of the petitioner's properties of an extent of 624.89 sq. yards, situated at the northern side of Plot Nos.10 and 17, covered by Layout Permit No.143/87, forming part of Survey No.232/8, 232/9, situated at Ramanayyapeta Grampanchayat, Kakinada Rural Mandal, East Godavari District, pending disposal of the above writ petition and pass IA NO: 2 OF 2019 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 extend the interim orders granted earlier on 16-07-2019 in WP.No.8224 of 2019 till disposal of the case Counsel for the Petitioner: 1. CHALASANI AJAY KUMAR Counsel for the Respondent(S): 1. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 2. GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: 3 ORDER: To declare the action of the 2nd respondent in issuing notice dated 20.06.2019, directing the petitioner to vacate the land admeasuring 624.89 sq. yards situated in Sy.Nos.232/8 and 232/9, forming part of Plot Nos.10 and 17 under Layout Permit No.143/87 at Ramanayyapeta Gram Panchayat, Kakinada Rural Manal, East Godavari District, as illegal and arbitrary, and to set aside the same, the present writ petition is filed. 2. Heard Ms.B.Tapaswi, learned counsel representing Sri Ch.Ajay Kumar, learned counsel for the petitioner, Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat, Ms.Chandrika, learned Assistant Government Pleader for Panchayat Raj. 3. Learned counsel for the petitioner submits that when the respondent authority is trying to dispossess the petitioner from the subject property under the guise of notice dated 20.06.2019, the present writ petition is filed. This Court, to protect the interest of the petitioner, passed interim orders dated 02.07.2019, thereby ordering status quo with regard to the building referred to in the impugned notice dated 20.06.2019. 4. Learned Standing Counsel contends that the petitioner obtained permission for construction of building in the land situated in plot No.17, but however constructed the building in the open space in the layout and made an application to the authorities to allot the said open space on payment of cost of the site. In fact, there is no such scheme available to consider the 4 petitioner’s application. However, the authorities have the intention to take steps against the petitioner’s building construction by following due process of law. 5. Perused the record and considered the submissions. 6. The respondent authorities are trying to dispossess the petitioner from the subject place by virtue of the notice dated 20.06.2019 is the grievance. It is the contention of the respondent-Gram Panchayat that the petitioner, having obtained building permission to construct a house in plot No.17, constructed the same in open space in a layout. However, it is contended that the authorities have the intention to take steps in accordance with law. Keeping in view the facts and submissions made, this Court is inclined to dispose of the Writ Petition with the following direction:- “The respondent-Gram Panchayat shall not interfere with the petitioner’s property or demolish the building or take any coercive steps, except under due process of law. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 02.01.2026. JLV 5 267 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 8224/2019 Date: 02.01.2025. JLV