APHC010285672023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 14774/2023 Between: 1. THAMARALA SATYANARAYANA, S/O JAGGARAO, AGED ABOUT 53 YEARS, OCC. SARPANCH, MULAGAPUDI GRAMA PANCHAYAT, ROWTHULAPUDI MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ DEPARTMENT, SECRETARIATE, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT. 3. THE TAHSILDAR, ROWTHULAPUDI MANDAL, EAST GODAVARI DISTRICT. 4. THE MULAGAPUDI GRAMA PANCHAYAT, REP. BY ITS EXECUTIVE OFFICER, MILLAGAPUDI, 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 to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No. 2 and 3 in proposing to allot the vacant site meant for public amenities of grama panchayat to third parties as illegal, arbitrary and in violation of Article 243 G of the Constitution of India and to consequently direct the respondents not to allot the land admeasuring Ac 0.30 cents in Sy.No.172/3 of Mulagapudi 2 Grama Panchayat, Rowthulapudi Mandal, East Godavari District to any third party 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 to direct the respondents not to create third party interest in any manner the land admeasuring Ac 0.30 cents in Sy.No.172/3 of Mulagapudi Grama Panchayat, Rowthulapudi Mandal, East Godavari District pending disposal of the writ petition Counsel for the Petitioner: 1. V V SATISH Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following: ::ORDER :: Heard Sri Abdul Mahid, learned counsel representing Sri V.V.Satish, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the 1st respondent, Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the 4th respondent and Ms. Usha, learned Assistant Government Pleader for Revenue for the respondents 2 and 3. 2. The above writ petition was filed to declare the action of respondents 2 and 3 in proposing to allot the vacant site of Ac.0.30 cents in Sy.No.172/3 of Mulagapudi Grama Panchayat, Rowthulapudi Mandal, East Godavari District, reserved for public purpose, as illegal and arbitrary. 3 3. Learned counsel for the petitioner would submit that the Government acquired an extent of Ac.2.25 cents in Sy.No.172/3 of Mulagapudi Village. Out of the said extent, Ac.0.30 cents was earmarked for public purpose. The Gram Panchayat, Mulagapudi, passed a resolution dated 22.06.2021 to utilise the said extent for the public purposes i.e., construction of the Veterinary Hospital, Community Hall and Anganwadi Centre. However, contrary to the resolution, the respondents 2 and 3 intend to assign the land to third parties. 4. An interim order was passed on 22.06.2023, which is subsisting as of today. 5. Learned Assistant Government Pleader for Revenue, submitted written instructions of the Tahsildar, Rowtulapudi-3rd respondent. In the instructions, it was not disputed that the vacant site of Ac.0.30 cents was reserved for public purposes and that the Gram Panchayat passed a resolution to utilise the same. It was further indicated that some individuals of Mulagapudi Village had started construction of houses in the vacant site intended for public purposes. In pursuance of the complaint, the Tahsildar, Rowthulapudi, warned the individuals, who inturn, stopped the construction activities. No house site pattas were granted to the individuals, and the land remains vacant. 6. Thus, as seen from the instructions, the grievance of the petitioner that the respondents 2 and 3 are intending to assign the house site pattas in respect of Ac.0.30 cents in Sy.No.172/3 of Mulagapudi Village is misconceived. In fact, the 3rd respondent asserted that no house site pattas 4 were assigned to the individuals and that the land was earmarked for the construction of the Veterinary Hospital, Community Hall and Anganwadi Centre. 7. Given the facts and circumstances of the case, the writ petition is disposed of, directing the respondents 2 and 3 not to assign any house site pattas in respect of Ac.0.30 cents in Sy.No.172/3 of Mulagapudi Village. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 03.02.2026 SNI 5 220 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 14774 OF 2023 Date: 03.02.2026 SNI