APHC010364152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18502/2025 Between: 1. KOPPARTHI MANI RATNA MALA, W/0 KOPPARTHI SUBRAHMANYESWARA RAO, R/O 3-254, DEVI STREET, GUTLAPADU BHIMAVARAM MANDALAM, LOSARIGUTLAPADU, LOSARI-GUTLAPADU, BHIMAVARAM, WEST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY, ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMAVARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR PANCHAYAT WING, WEST GODAVARI DISTRICT, BHIMAVARAM. 3. THE TAHSILDAR, BHIMAVARAM MANDAL, WEST GODAVARI DISTRICT. 4. THE DISTRICT PANCHAYAT OFFICER, BHIMAVARAM, WEST GODAVARI DISTRICT. 5. THE DIVISIONAL PANCHAYAT OFFICER, BHIMAVARAM WEST GODAVARI DISTRICT. 6. THE GUTLAPADU GRAM PANCHAYAT, REP. BY ITS SECRETARY, GUTLAPADU, BHIMAVARAM MANDAL, WEST GODAVARI DISTRICT. 2 7. KOPPARTHI SRINIVASARAO, S/O. LAKSHMANARAO, AGED ABOUT 50 YEARS MANTENA MANSIONS, LECTURERS STREET, SRIRAMAPURAM, BALUSUMUDI, UNION BANK ROAD, OPP DNR COLLEGE GROUND, BHIMAVRAM-534202 8. KOPPARTHI NAGA SRINU, S/O. NAGESWARA RAO, AGED ABOUT 55 YEARS DEVI GUDI STREET, LOSARI GUTLAPADU, GUTLAPADU, BHIMAVARAM MANDAL, WEST GODAVARI DISTRICT. 9. RAMAYANAM PALLARAO, S/O. SURYARAO, AGED ABOUT 45 YEARS DEVI GUDI STREET, LOSARI GUTLAPADU, GUTLAPADU, BHIMAVARAM MANDAL, WEST GODAVARI DISTRICT. 10. CHELAMKURI NAAGESWARA RAO NAGULU, S/O. MARESWARA RAO, AGED ABOUT 45 YEARS R/O MAIN ROAD, LOSARI GUTLAPADU, GUTLAPADU, BHIMAVARAM MANDAL, WEST GODAVARI DISTRICT. 11. RAMAYANAM PAVAN KUMAR NIKHIL, S/O SATYA BOSE, AGED ABOUT 29 YEARS. BEHIND RANGA STATUE, NEAR WATER TANK, MAIN ROAD, GUTLAPADU, BHIMAVARAM MANDAL WEST GODAVARI DISTRICT 12. KOTA VIJAYKUMAR, S/O VENKATRATNAM, AGED ABOUT 29 YEARS RANGA CENTRE, NEAR WATER TANK, MAIN ROAD, GUTLAPADU BHIMAVARAM MANDAL WEST GODAVARI DISTRICT 13. SREENIVASU RAMAYANAM, S/O MUKTESWARA RAO, AGED ABOUT 44 YEARS, R/O D.NO 3-250, RAMALAYAM STREET, GUNLAPADU, LOSARIGUTLAPADU, BHIMAVARAM MANDAL, WEST GODAVARI DISTRICT 14. DAARLA SATYANARAYAN BRAHMAM, S/O DAARLA AADINARAYAN LATE, AGED ABOUT 70 YEARS, DEVI GUDI STREET, LOSARI GUTLAPADU, GUTLAPADU, BHIMAVARAM MANDAL, WEST GODAVARI DISTRICT. 15. DAARLA VENKAYAMMA, W/O DAARLA SATYANARAYAN, AGED ABOUT 65 YEARS, DEVI GUDI STREET, LOSARI GUTLAPADU, GUTLAPADU, BHIMAVARAM MANDAL, WEST GODAVARI DISTRICT. RR 14 TO 15 ARE IMPLEADED AS PER 3 COURTS ORDER DT.18.12.2025 IN I.A.NO.2 OF 2025 ...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 writ, or direction especially one in the nature of WRIT OF MANDAMUS declaring the action of the respondent Nos. 1 to 6 in not taking any action to protect the existing land of Village Drinking Water Tank (Cheruvu Poramboku land) situated in Sy. No. 23 of Gutlapadu Village, Bhimavaram Mandal, West Godavari District, which is earmarked for purpose of drinking water Tank which was encroached by Respondents No. 7 to 12 without any permissions constructing Hindu worship Place (Temple), as illegal arbitrary and violation of rule 26 of Andhra Pradesh Gram panchayat land development (Layout out and building) rules , 2002 and GO Ms no. 376 dated 29-11-2012 and violation of Article 14 and 21 of the Constitution of India, and consequently to direct the respondents No. 4 and 5 to remove the illegal encroachments of existing land of Village Drinking Water Tank (Cheruvu Poramboku land) in Sy No. 23 of Gutlapadu Village Bhimavaram Mandal West Godavari District and to pass IA NO: 1 OF 2025 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 4th and 5th respondents to stop the illegal encroachments in the existing Village Drinking Water Tank (Cheruvu Poramboku land) situated in Sy.No.23 of Gutlapadu Village, Bhimavaram Mandal, West Godavari District, pending disposal of Writ Petition pending disposal of the above writ petition and to pass IA NO: 2 OF 2025 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 may be pleased to implead the petitioner herein as the proposed respondents 14 & 15th to the main Writ Petition No. 18502 of 2025 and also in pending miscellaneous petitions therein in the interests of equity and justice and to pass Counsel for the Petitioner: 1. DWARAMPUDI SAVITHRI 4 Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. PUPPALA RAMA YETHI RAJA PRAJITH 3. KOTI REDDY IDAMAKANTI 4. GP FOR REVENUE 5. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra The Court made the following: :: ORDER :: Heard Ms. D.Savithri, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents 1, 2, 4 and 5, Ms. Usha, learned Assistant Government Pleader for Revenue for the 3rd respondent, Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the 6th respondent and Sri I.Koti Reddy, learned counsel for the respondents 7 to 12. 2. The above writ petition was filed to declare the action of the respondents 1 to 6 in not protecting the village drinking water tank situated in Sy.No.23 of Gutlapadu Village, Bhimavaram Mandal, West Godavari District, encroached upon by the respondents 7 to 12, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that the respondents 7 to 15 are constructing a temple on the tank bund, without getting permission from the 2nd respondent, as mandated in Rule 26 of the Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002. 5 4. A counter-affidavit was filed on behalf of the respondents 7 to 12. 5. The District Gram Panchayat Officer, West Godavari, Bhimavaram, submitted instructions vide Roc.No.A5/2059/2024 dated 10.03.2026. 6. As seen from the instructions, the temple constructed without permission was removed on 08.03.2026 with the support of the Revenue Officials and Police, without any hassles. 7. Today, when the matter is taken up for consideration, Ms D. Savithri, learned counsel for the petitioner and Sri I.Koti Reddy, learned counsel for the respondents 7 to 12, confirmed the same. 8. Learned counsel for the petitioner would submit that the debris is remained at the site. 9. Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the 6th respondent, would submit that the authority will remove the debris. 10. Thus, as seen from the developments, the cause in the writ petition does not survive, and no further adjudication is required in the writ petition, since the unauthorised structure has already been demolished. The authority shall also ensure that no construction takes place without permission. 11. Given the facts and circumstances of the case, the writ petition is closed. No order as to costs. 6 As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 11.03.2026 SNI 7 152 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18502 OF 2025 Date: 11.03.2026 SNI