APHC010467452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24782/2025 Between: 1. BASWA LALITHA KUMARI, W/O B. GOVINDAREDDY, AGED 33 YEARS, OCC SARPANCH, R/O D.NO.8-96, MAIN STREET, KOTCHERLA PANCHAYAT, RANASTHALAM MANDAL, SRIKAKULAM DISTRICT. 2. MUGI SANYASI,, S/O KISTAMMA, AGED 50 YEARS, OCC. CULTIVATION, R/O D.NO.5-44, KOTCHERLA PANCHAYAT, KOMARAVANIPETA VILLAGE, RANASTHALAM MANDAL, SRIKAKULAM DISTRICT. 3. KODA NILEKARI,, S/O LATE SATTHEYYA, AGED. 55 YEARS, OCC. CULTIVATION, R/O MAIN STREET, KOTCHERLA PANCHAYAT, KOMARAVANIPETA VILLAGE, RANASTHALAM MANDAL, SRIKAKULAM DISTRICT. 4. KODA NARAYADU,, S/O KODA POLISU, AGED. 36 YEARS, OCC. CULTIVATION, R/O KOMARAVANIPETA VILLAGE, RANASTHALAM MANDAL, SRIKAKULAM DISTRICT. 5. MUGI SATYAM,, S/O SURYANARAYANA, AGED. 55 YEARS, OCC. CULTIVATION, R/O KOMARAVANIPETA VILLAGE, RANASTHALAM MANDAL, SRIKAKULAM 2 DISTRICT. 6. BASVA SURI,, S/O CHINNA APPAYYA, AGED. 41 YEARS, OCC. CULTIVATION, R/O D.NO.8-52, KOTCHERLA PANCHAYAT, KOMARAVANIPETA VILLAGE, RANASTHALAM MANDAL, SRIKAKULAM DISTRICT. 7. BASVA ANAND,, S/O NEELAYYA, AGED. 50 YEARS, OCC. CULTIVATION, R/O KOTCHERLA PANCHAYAT, KOMARAVANIPETA VILLAGE, RANASTHALAM MANDAL, SRIKAKULAM DISTRICT. 8. BASVA BHEEMUDU,, S/O NEELAYYA, AGED 35 YEARS, OCC CULTIVATION, R/O KOTCHERLA PANCHAYAT, KOMARAVANIPETA VILLAGE, RANASTHALAM MANDAL, SRIKAKULAM DISTRICT. 9. BASVA RAMANA,, S/O LATE THATA, AGED. 42 YEARS, OCC. CULTIVATION, R/O DOOR NO.8-9, KOTCHERLA PANCHAYAT KOMARAVANIPETA VILLAGE, RANASTHALAM MANDAL, SRIKAKULAM DISTRICT. 10. JEERU YUGANDER,, S/O GADDAYYA, AGED. 37 YEARS, OCC CULTIVATION, R/O D.NO. 89-45, KOTCHERLA PANCHAYAT KOMARAVANIPETA VILLAGE, RANASTHALAM MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, BC WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR, BC WELFARE DEPARTMENT, 2ND FLOOR, VISHAL RESIDENCY, VR SIDDHARTHA 3 COLLEGE, TADIGADAPA, KANURU, VIJAYAWADA, NTR DISTRICT - 521134. 3. THE DISTRICT BC WELFARE AND EMPOWERMENT OFFICER, SRIKAKULAM, DRDA COMPLEX, COLLECTORATE, SRIKAKULAM TOWN, SRIKAKULAM DISTRICT - 532001. 4. HOSTEL WELFARE OFFICER, GOVERNMENT BC BOYS HOSTEL, KOMARAVANIPETA VILLAGE, RANASTHALAM MANDAL SRIKAKULAM DISTRICT - 532407. 5. THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT. 6. THE TAHSILDAR, RANASTHALAM MANDAL, SRIKAKULAM DISTRICT. 7. THE VILLAGE REVENUE OFFICER, KOTCHERLA VILLAGE, RANASTHALAM MANDAL, SRIKAKULAM 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings dt. 14.08.2025 in Memo.Rc.No.A6/58/2023/BCW issued by the 3rd respondent who shifted the Government BC Boys Hostel, situated in Komaravanipeta Village, Ranasthalam Mandal from Cyclone Shelter Building to Old Community Hall building situated at Budagatlapalem Village, Etcherla Mandal in which there are no basic amenities to the students i.e drinking water facility, bathrooms, toilets, sufficient rooms for stay etc., and contrary to the proceedings dt. 16.07.2025 in rd Rc.No.A6/58/2023/BCW issued by the 5th respondent who directed the 6th respondent to shift the said BC Welfare Boys Hostel from Old Community Hall Building in Budagatlapalem village to Cyclone Shelter 4 Building situated at Komaravanipeta Village in Ranasthalam Mandal of Srikakulam District, as illegal, arbitrary and offends Articles 14 and 21 of Constitution of India and consequently set aside the proceedings dt.14.08.2025 issued by the 3rd respondent and further direct the respondents to shift and continue the Government BC Boys Hostel, Situated in Komaravanipeta Village, Ranasthalam Mandal in Cyclone Shelter Building situated in Komaravanipeta village in Ranasthalam Mandal in Srikakulam District and 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 pleased to suspend the operation of proceedings dt. 14.08.2025 in Memo.Rc.No.A6/58/2023/BCW, issued by the 3rd respondent and further direct the respondents to shift the Government BC Boys Hostel, Komaravanipeta, which is running in Old Community Hall Building in Budagatlapalem Village of Etcherla Mandal to Cyclone Shelter Building situated in Komaravanipeta village in Ranasthalam Mandal in Srikakulam District, pending disposal of the main writ petition and pass Counsel for the Petitioner(S): 1. SRINIVAS AMBATI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR SOCIAL WELFARE The Court made the following: 5 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.24782 of 2025 O R DE R: This Writ Petition is filed questioning the proceedings dated 14.08.2025 vide Memo.Rc.No.A6/58/2023/BCW issued by the 3rd Respondent shifting the Government BC Boys Hostel from Cyclone Shelter Building situated in Komaravanipeta Village, Ranasthalam Mandal to Old Community Hall building situated at Budagatlapalem Village, Etcherla Mandal as illegal and arbitrary. 2. Petitioners are the parents of the students studying in Government BC Boys Hostel, Komaravanipeta and as there were no amenities, the Hostel was shifted to Old Community Hall, Budagatlapalem Village of Etcherla Mandal. However, even in the said building, there were no amenities and building was in dilapidated condition. On a complaint given by the Villagers, the concerned authorities conducted enquiry and proceedings were issued to shift the Hostel to Cyclone Shelter building, Komaravanipeta Village in Ranasthalam Mandal of Srikakulam District vide Rc.No.A6/58/2023/BCW, dated 16.07.2025. This building had necessary amenities. 6 3. While so, on the instructions of a public representative of the local area, the Respondent No.3 issued proceedings on 14.08.2025 in Memo Rc.No.A6/58/2023/BCW and directed Respondent No.4 to continue the Hostel at Old Community Hall, Budagatlapalem Village. Hence, this writ petition. 4. Keeping in view the welfare of the students, an Advocate Commissioner was appointed by this Court on 19.11.2025 to visit both the buildings and submit a report to the extent that which building suits to the needs of the students to take shelter. 6. Accordingly, Sri K.Devi Prasanna Kumar, Advocate- Commissioner submitted a report after visiting both the buildings stating that the Old Community Hall at Budagatlapalem is unsuitable for hostel accommodation due to lack of basic facilities i.e. toilets, bathrooms and drinking water, while the Cyclone Shelter at Komaravanipeta, though requiring modifications, has basic physical infrastructure and once equipped can accommodate children comfortably. The Photographs filed along with the report also establish the said fact. A reading of the report would indicate that the Old Community Hall at Budagatlapalem is not habitable and continuing a Hostel in such premises in such a condition is unfair on the children. 7 7. In the light of the categorical report submitted by the Advocate-Commissioner, the writ petition is disposed of with the following directions: (i) The Respondent No.5 forthwith examine the Advocate- Commissioner report and take appropriate decision with regard to feasibility of shifting of the Government BC Boys Hostel at Cyclone Shelter at Komaravanipeta Village, Ranasthalam Mandal taking note of lack of basic facilities at the Old Community Hall, Budagatlapalem Village. (ii) This above exercise shall be completed within a period of four (04) weeks from the date of receipt of a copy of this order. (iii) No order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 04.02.2026 KLP