APHC010225582026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 11383/2026 Between: 1. MERIPO AISHWARYA, , W/O SAVARAPU RAJKUMAR, AGED ABOUT 33 YEARS, OCC HOUSEHOLD, R/O D.NO. 4-4-1, BOWDENPETA, SETTIPETA VILLAGE, NIDADAVOLE MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY , MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (MA AND UD) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522238. 2. THE VICECHAIRMAN, RAJAMAHENDRAVARAM URBAN DEVELOPMENT AUTHORITY (RUDA), 1ST FLOOR, OLD COUNCIL HALL BUILDING, RMC COMPOUND, SESHAYYA METTA, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT - 533101. 3. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, DISTRICT COLLECTORATE, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH - 533101. 4. THE TAHSILDAR, NIDADAVOLE MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH - 534301. 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER MPDO, NIDADAVOLE MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH - 534301. Page 2 of 5 6. THE SUB INSPECTOR OF POLICE, NIDADAVOLE TOWN POLICE STATION SH 210, NIDADAVOLE, ANDHRA PRADESH 534301. 7. SETTIPETA GRAM PANCHAYAT, REP. BY ITS THE EXECUTIVE AUTHORITY/PANCHAYAT SECRETARY, NIDADAVOLE MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH - 534301. 8. MERIPO RENUKA DEVI, W/O LATE JOSHIRAJU, R/O D.NO. 4-12/1, BOWDENPETA, SETTIPETA VILLAGE - 534301. 9. MERIPO ABHISHEK, S/O LATE JOSHIRAJU, R/O D.NO. 4-12/1, BOWDENPETA, SETTIPETA VILLAGE - 534301 ...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 a Writ of Mandamus or any other appropriate Writ, Order, or Direction a. To Declare the action of the 7th Respondent (Panchayat Secretary) in permitting the ongoing unauthorized construction by Respondents 8 and 9 as being in direct contravention of the Mandal Level Coordination Committee (MLCC) Report dated 12.03.2026, the AP Panchayat Raj Act, and the AP Building Rules. b. To direct respondents 4,5, and 6 to ensure the strict implementation of their own findings as per the endorsement no.EAG202603025900, thereby securing the setbacks mandated by the registered document of 1930. c. To Direct the official Respondents to remove any unauthorized structures that encroach upon the said recorded pathways and to withhold all final approvals until the site is restored to its lawful layout. IA NO: 1 OF 2026 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 8 and 9 to immediately stop all further construction and maintain status quo on the site, Counsel for the Petitioner: 1. GUMMADI RAWNS SOLOMON Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: :: ORDER :: The above writ petition was filed to declare the inaction on the part of respondent No.7 in considering the Ex.P1 notice dated 10.04.2026 issued on behalf of the petitioner vis-à-vis the construction undertaken by respondents 8 & 9, without getting permission from respondent No.7 in plot admeasuring 242 Square yards in Sy.No.635 of Settipeta Village, as illegal and arbitrary. 2. Heard Sri G. Rawns Solomon, learned counsel for the petitioner, Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj appeared for respondent No.1, Ms. Usha, learned Assistant Government Pleader for Revenue appeared for respondents 3 & 4, Sri Chaitanya, learned counsel representing Sri Y. Koteswara Rao, learned Standing Counsel appeared for respondents 5 & 7, learned Assistant Government Pleader for Home appeared for respondent No.6 and Sri MRS Srinivas, learned counsel appeared for respondents 8 & 9. 3. Learned counsel for the petitioner would submit that respondents 8 & 9, without getting permission to construct a building under Section 121 of the Andhra Pradesh Panchayat Raj Act, 1994 (hereinafter referred to as ‘the Act’), are constructing a structure in the aforementioned land. A notice vide Ex.P1 was issued to respondent No.7. However, respondent No.7 failed to initiate any action. 4. Sri Chaitanya, learned counsel representing Sri Y. Koteswara Rao, learned Standing Counsel, appeared for respondents 5 & 7 would submit that the Panchyat Secretary of respondent No.7 issued notice dated 30.04.2026 to respondent No.8 not to proceed with further construction in the absence of permission. He would also submit that respondent No.8 has stopped construction. 5. Sri M.R.S. Srinivas, learned counsel appearing for respondents 8 & 9 would submit that initially an application dated 04.04.2026 was made to respondent No.7 Gram Panchayat seeking permission. Respondent No.7 Gram Panchayat returned the application, due to the pendency of suit O.S.No.15 of 2026 on the file of the learned Principal Civil Judge, Nidadavole. Learned counsel would also submit that respondents 8 & 9 stopped further construction. 6. Given the facts and circumstances of the case, keeping the writ petition pending, inviting a counter-affidavit, will not serve any purpose. Hence, the Writ Petition is disposed of at the stage of admission with the consent of learned counsel appearing on either side, with the following directions: (i) Respondents 8 & 9 shall not make any further construction in the plot admeasuring 242 Square yards in Sy.No.635 of Settipeta Village, without getting permission from respondent No.7 Gram Panchayat. (ii) Respondent No.7 Gram Panchayat shall ensure no further construction without permission. (iii) If respondents 8 & 9 submit an application by complying with the objections, respondent No.7 shall consider the same and pass appropriate orders, strictly as per the provisions of the Act and the Rules made thereunder, duly providing an opportunity of hearing to the petitioner and respondents 8 & 9. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 04.05.2026 TVN 229 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.11383 OF 2026 Date: 04.05.2026 TVN