NOTI PEDDA MALAKONDAIAH v. THE STATE OF ANDHRA PRADESH
WA/608/2026 · 2026-05-07
Lisa Gill, Ninala Jayasurya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 2081 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2081 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010182382026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WRIT APPEAL NO: 608 of 2026 Bench Sr.No:-15 [3579] Noti Pedda Malakondaiah ...Appellant Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for Appellant : Mr. J. Siva Sankara Rao Advocates for Respondents : GP for Panchayat Raj & Rural Dev., GP for Revenue, Mr. Mattegunta Sudhir (Standing Counsel for Z.P.Ps, M.P.Ps, Gram Panchayats)
CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE NINALA JAYASURYA DATE : 8th May, 2026.
LISA GILL, CJ. (Oral)
Prayer in this Writ Appeal is for setting aside judgment and order dated 04.02.2026, passed by learned Single Bench, whereby Writ Petition filed by present appellant, along with four other writ petitioners, who have however not joined in present appeal, was dismissed.
2.
Writ Petition No.35925 of 2025 was filed by appellant and others, challenging action of respondent No.9/Kummara Konduru Gram Panchayat in constructing a Gram Panchayat building at land in Survey No.178-13 instead of Survey No.181.
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3.
Learned Single Bench, upon considering the facts and circumstances, found no merit in arguments as raised and dismissed Writ Petition, clearly observing that Gram Panchayat had passed a resolution to construct new Gram Panchayat building at land in Survey No.178-13 (comprising of Ac.0.05 cents) instead of land at Survey No. 181. Learned Single Bench also observed that petitioners are neither donors, nor descendants of donors, but are third parties.
4.
Learned counsel for appellant vehemently argues that land measuring Ac.0.04 cents in Survey No.181 was donated by one Sri Nalluru Veera Raghavulu S/o. Nalluru Subrahmanyam for specific purpose of raising Gram Panchayat building and further that Gram Panchayat now, in an absolutely illegal manner, is seeking to construct Gram Panchayat building at land in Survey Number No.178-13, which was gifted by Sri Kapugorla Harish Kumar S/o. Malakondaiah. Reasons for not constructing the building at the site gifted by Sri Nalluru Veera Raghavulu are totally non-existent. There is no question of any inconvenience in regard to ingress and egress for the public at the said site. It is thus prayed that this appeal be allowed.
5.
Learned counsel for respondents have opposed the appeal while supporting impugned judgment and order dated 04.02.2026.
6.
We have heard learned counsel for parties.
7.
It is a matter of record and not denied that Gram Panchayat indeed passed a resolution to the effect that Gram Panchayat building be
HCJ & NJSJ WA_608_2026
constructed on land described in Survey No.178-13, measuring Ac.0.05 cents, gifted by Sri Kapugorla Harish Kumar, which is situated about 200 meters away and would not cause any inconvenience to ingress and egress of the public; furthermore, the new site would absolutely facilitate vehicular parking as well. Previously proposed site measured Ac.0.04 cents, whereas the area required for construction of building is Ac.0.05 cents, as per letter of Superintendent Engineer dated 05.11.2025. It is to be noted that neither donor nor his descendants have raised any complaint in this matter.
8.
Learned counsel for appellant is unable to point out any illegality, infirmity or irregularity in the impugned order dated 04.02.2026, or decision taken by Gram Panchayat to construct building at site in question, which calls for interference by this Court in appellate jurisdiction. No other argument is addressed.
9.
Writ Appeal is accordingly dismissed, being devoid of any merit.
No costs. Pending miscellaneous application(s), if any, also stand(s) disposed of accordingly.
LISA GILL, CJ.
NINALA JAYASURYA, J. SSN