APHC010282682023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 14485/2023 Between: 1. PERUGU PEDDA YELLAIAH, S/O.TIRUMALAIAH, AGED ABOUT 60 YEARS, R/O. D.NO. 222-3, NAGASANIPALLE VILLAGE, KHAZIPETA MANDAL, Y.S.R. KADAPA DISTRICT. 2. GARA VENKATA PADMA,, C/O.BADRINADH, AGED ABOUT 13 YEARS, R/O. D. NO. 222-8, NAGASANIPALLE VILLAGE, KHAZIPETA MANDAL, Y.S.R. KADAPA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KADAPA, Y.S.R. KADAPA DISTRICT. 3. THE TAHSILDHAR, KHAZIPETA MANDAL, Y.S.R. KADAPA DISTRICT. 4. THE NAGASANIPALLE GRAMA PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, NAGASANIPALLE VILLAGE, KHAZIPETA MANDAL, Y.S.R. KADAPA DISTRICT. 5. NAKKA RAMADEVI, W/O. SUBRAMANYAM, THE SARPANCH, NAGASANIPALLE GRAMPANCHAYAT, AGED ABOUT 24 YEARS, NAGASANIPALLE VILLAGE, KHAZIPETA MANDAL, Y.S.R. KADAPA DISTRICT. 2 6. SRI NAKKA SUDHAKAR, S/O. PEDDA SUBBANNA, AGED ABOUT 40 YEARS, R/O. D.NO. 26-3, NAGASANIPALLE VILLAGE, KHAZIPETA MANDAL, Y.S.R. KADAPA DISTRICT. 7. NAKKA VENKATAMMA, W/O. PEDDA SUBBANNA, AGED ABOUT 78 YEARS, R/O. D.NO. 26-3, NAGASANIPALLE VILLAGE, KHAZIPETA MANDAL, Y.S.R. 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 writ, order or directions more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing building permission to the 7th respondent, situated at Sy.No.33-2A of Nagasanipalle Village, Khazipeta Mandal, Y.S.R. Kadapa District vide B.L.R.No.02/GP/2023, dt. 02.02.2023, contrary to the A.P. Grampanchayat Land Development Rules, 2002 as illegal, arbitrary, unconstitutional and violative of Articles 14, 16 and21 of the Constitution of India, set aside the same and consequently direct the respondent Nos. 6 and 7 not to construct the building/situated in Sy.No.33, of Nagasanipalle Village, Khazipeta Mandal, Y.S.R. Kadapa District and to pass IA NO: 1 OF 2023 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 pleasedto stay of all further proceedings pursuant to the building permission issued to the 6th respondent, vide B.L.R.No.02/GP/2023, dt. 02.02.2023, of the 4th respondent, situated in Sy.No.33-2A of Nagasanipalle Village, Khazipeta Mandal, Y.S.R. Kadapa District pending disposal of the above writ petition and to pass IA NO: 2 OF 2023 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 pleasedto direct the respondent No.3 to conduct a surveyfor distance maintained from vagu which is the building construction by the respondent Nos. 6 and 7, situated in Sy.No.33of Nagasanipalle Village, Khazipeta Mandal, Y.S.R. Kadapa District pending disposal of the above writ petition and to pass IA NO: 3 OF 2023 3 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 grant leave to file the Counter Affidavit and pass Counsel for the Petitioner(S): 1. DODDAKA HARSHA VARDHAN Counsel for the Respondent(S): 1. GP FOR REVENUE 2. S DILIP JAYA RAM 3. GP FOR PANCHAYAT RAJ RURAL DEV 4. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: 4 ORDER: To declare the action of the 4th respondent in issuing building permission to the 7th respondent in Sy.No.33-2A of Nagasanipalle Village, Khazipeta Mandal, YSR Kadapa Dsitrict as illegal and arbitrary, the present writ petition is filed. 2. Heard Sri D.Harsha Vardhan, learned counsel for the petitioners, Sri M.Sudhir, learned Standing Counsel for Gram Panchayat, Sri Venkata Satyanarayana, learned Assistant Government Pleader for Revenue and Sri S.Dilip Jayaram, learned counsel for unofficial respondent Nos.6 & 7. 3. In view of the submissions made by the learned counsel, as the orders have been passed in W.P.No.9006 of 2023, no orders are required to be passed in this case. 4. 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: 06.01.2026. JLV 5 405 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 14485/2023 Date: 06.01.2026. JLV