APHC010307202021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18374/2021 Between: 1. B VENKATESWARA REDDY, S/O. B. PUNA REDDY, AGED ABOUT 58 YEARS, R/O.H.NO. 5-111, SOLASA VILLAGE, EDLAPADU MANDAL, GUNTUR DISTRICT 2. T. OBULU REDDY, , S/O. T. VENKATESWARA REDDY, AGED ABOUT 57 YEARS, R/O. SOLASA VILLAGE, EDLAPADU MANDAL, GUNTUR DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR 3. THE SUPERINTENDING ENGINEER, PANCHAYAT RAJ CIRCLE, GUNTUR, DISTRICT 4. THE DISTRICT PANCHAYAT OFFICER, GUNTUR DISTRICT, GUNTUR 5. SOLASA GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, EDLAPADU MANDAL, GUNTUR DISTRICT. Page 2 of 9 SRS,J W.P.No.18374 of 2021 6. THE SOLASA PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETY LIMITED, NO.N. 1454, SOLASA VILLAGE, EDLAPADU MANDAL, GUNTUR DISTRICT, REP.BY ITS CHIEF EXECUTIVE OFFICER G.V. CHENNA REDDY ...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 an appropriate writ, order or direction more particularly one in the nature Writ of Mandamus, declaring the illegal action of the respondents 2 to 5 in proceeding to construct Gramasachivalayam building in the 6th Respondent society land in Sy.No. 307 of Solasa Village, Edlapadu Mandal, Guntur District by laying foundation, which land exclusively belongs to 6th respondent society purchased by it vide registered sale deeds and meant only for the 6th respondent and its members welfare and developmental activities, as illegal, arbitrary and consequently direct the respondents to forbear the construction of Gramsachivalayam building in the aforesaid 6th respondent society land IA NO: 1 OF 2021 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 grant stay of the construction of 5th respondent Gramasachivalayam building in the 6th respondent society land in Sy.No. 307 of Solasa Village, Edlapadu Mandal, Guntur District IA NO: 2 OF 2021 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 permit to amend the cause title of the 5th respondent as "The Solasa Gram Panchayat, Rep. by its Panchayat Secretary, Edlapadu Mandal, Guntur District" instead of "The Gundemadakala Gram Panchayat Rep. by its Secretary, Vinjamuru Mandal, S.P.S.R. Nellore District in W.P.No.18374/2021 as well as in I.A No. 1/2021 and pass such other order p. 3 SRS,J W.P.No.18374 of 2021 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 pleased to vacate the interim orders granted in WP No. 18374 of 2021 on 01.09.2021 and dismiss the writ petition in the interest of justice and pass Counsel for the Petitioner(S): 1. K RATHANGA PANI REDDY Counsel for the Respondent(S): 1. KOTI REDDY IDAMAKANTI (SC FOR ZPP MPP AND GRAM PAN) 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT-24449/AP/792/2005 The Court made the following: ::ORDER :: Heard Sri K. Rathangapani Reddy, learned counsel for the petitioner; Smt. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj, for respondents 1, 3 and 4, and Sri K. Sudhir, learned standing counsel for respondent No.5. Despite service of notice, none appeared for respondent No.6. 2. The petitioners, who are members of respondent No.6-Society, filed the above writ petition to declare the action of respondents 2 to 5 in proceeding to construct the Grama Sachivalayam building in land situated in survey No.307, Solasa Village, Edlapadu Mandal, Guntur District, which belongs to respondent No.6-Society as illegal and arbitrary. Page 4 of 9 SRS,J W.P.No.18374 of 2021 3. The case of the petitioners, germane to decide the lis, is that respondent No.6-society purchased land of an extent of 864 square yards in survey No.307 of Solasa Village, Edlapadu Mandal, Guntur District, from eight vendors in the year 1961 under different documents dated 09.02.1961 and 10.02.1961. ii) While the matter stood thus, respondent No.3, based on the proposals of respondent No.2, issued proceedings vide Rc.No.443/2020/D dated 05.07.2020 to construct Gama Sachivalayam in the villages of Guntur District, and the petitioners’ village is shown at serial No.205 in the abstract annexed to the proceedings. Respondents 3 to 5, even before vesting the land with the government, started digging in the land belonging to respondent No.6-Society, for the construction of the Grama Sachivalayam. On knowing the same, the petitioners made an application under the Right to Information Act, 2005, to the Chief Executive Officer (CEO) of respondent No.6-Society, seeking information regarding allotment of land for the construction of Grama Sachivalayam. In response, the CEO of respondent No.6 furnished information vide Ex.P4 stating that neither the land was assigned for the construction of Grama Sachivalayam nor a resolution was passed to that effect. 4. A counter affidavit was filed by the Secretary of respondent No.5. It was contended that the subject property is in Grama Kantakam. Out of the total p. 5 SRS,J W.P.No.18374 of 2021 extent of Ac.00-26 cents of land, the society building was constructed in Ac.00-0.45 cents, and the remaining land is vacant. The vacant land was handed over by Tahsildar, Edlapadu, to Mandal Parishad Development Officer, Edlapadu, for the construction of Grama Sachivalayam. ii) It is further stated that the Panchayat Secretary of respondent No.5 addressed a letter, dated 09.07.2021, to the Chairperson, PACS, Solasa, requesting to allot Ac.0-10 cents of land in the premises of PACS, Solasa, for the construction of Grama Sachivalayam. Acting upon the said letter, the Chairperson, PACS Solasa, addressed a letter to the Divisional Co-operative Officer, Narasaraopet, duly enclosing resolution No.1, dated 13.08.2021 of PACS, Solasa, for allotment of 170 square yards site for construction of Grama Sachivalayam and requested to accord permission to handover the site. The Chair-Person, PACS addressed another letter dated 17.08.2021 requesting to allot Ac.0-10 cents of site to the society for future development of the society. The Chairperson of PACS addressed another letter seeking compensation. After due deliberations, the Gram Panchayat passed resolution No.26 on 17.09.2021 to allot Ac.0-10 cents in survey No.474/2, earmarked for public purpose in the layout of Jagannana Colony and requested the District Collector to accord permission to transfer the land to PACS, Solasa. The matter is under examination before the District Collector. Eventually prayed to dismiss the writ petition. Page 6 of 9 SRS,J W.P.No.18374 of 2021 5. The writ petition was initially listed on 27.08.2021 and adjourned to 01.09.2021. On 01.09.2021, an interim order was granted by this Court directing the respondents not to make further construction in the subject land belonging to respondent No.6-society, and the same is subsisting as of today. 6. Thus, as seen from the pleadings, there is no dispute regarding the purchase of 864 square yards of land in the aforementioned survey number, by respondent No.6-Society, in the year 1961. In pursuance of the letter addressed by the Panchayat Secretary, requesting to allot Ac.0-10 cents, the person in charge of PACS passed resolution No.1 and forwarded the same for approval to the Divisional Co-operative Officer. Resolution No.1 dated 07.10.2020 filed along with the counter affidavit discloses that 170 square yards of site belonging to respondent No.6 was proposed to be alienated for the construction of Grama Sachivalayam, and the same was forwarded to Divisional Cooperative Officer, Narsaraopeta, seeking permission. 7. The averment in the counter affidavit regarding permission by the Divisional Cooperative Officer, Narsaraopeta, in pursuance of the resolution dated 07.10.2020, to construct the Gram Panchayat is factually incorrect. The authority, without verifying the contents of the resolution, having filed a copy of the resolution along with the counter affidavit, deposed contrary to the contents of the resolution. Page 7 of 9 SRS,J W.P.No.18374 of 2021 8. No doubt, the correspondence indicates that some persons of the society requested the Gram Panchayat either to allot alternative land or to pay compensation. However, in the absence of permission accorded by the Divisional Cooperative Officer, in pursuance of the resolution dated 07.10.2020, allotting 170 square yards of site belonging to respondent No.6 for the construction of Grama Sachivalayam and the construction being undertaken by the respondent authorities is prima facie without any authorisation. Neither the subject land was acquired nor the permission was granted by the Divisional Cooperative Officer, allotting the land. Unless the land is vested with the local authority i.e. respondent No.5, any construction undertaken in the land belonging to respondent No.6-society is impermissible, and such an attempt violates the right of the society under Article 300-A of the Constitution of India. 9. An Interim Order was granted on 01.09.2021, and the same is operating as of today. The construction was stalled at a very nascent stage. As discussed supra, in the absence of any allotment of land to respondent No.5 by respondent No.6, the petitioners, being the members of respondent No.6, got locus standi to challenge the action of respondent No.5 in attempting to construct Grama Sachivalayam in the land belonging to the respondent No.6 Society. Page 8 of 9 SRS,J W.P.No.18374 of 2021 10. Given the above facts and circumstances of the case, this writ petition is allowed, directing respondents 2 to 5 not to make any construction in land situated in survey No.307, Solasa Village, Edlapadu Mandal, Guntur District, which belongs to respondent No.6-society. However, this order will not preclude respondent No.5 from following the due procedure of law. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 27.01.2026 IKN p. 9 SRS,J W.P.No.18374 of 2021 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18374 of 2021 Date: 27.01.2026 IKN