APHC010502032022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30819/2022 Between: 1. K.AYYAPPA, S/O. MOHAN RAJU, AGED ABOUT 33 YEARS, OCC . AGRICULTURE, R/O D.NO. 2-90, DODDANAKERI VILLAGE, AND GRAM PANCHAYAT, ADONI MANDAL, KURNOOL DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS AT AMARAVATHI. 2. THE DISTRICT COLLECTOR, KURNOOL DISTRICT. 3. THE EXECUTIVE ENGINEER, RURAL WATER SUPPLY AND SANITATION ( R.W.S.), ADONI, KURNOOL DISTRICT. 4. DODDANAKERI GRAM PANCHAYATH, REP BY IT'S PANCHAYAT SECRETARY, DODDANAKERI VILLAGE AND GRAM PANCHAYATH, ADONI MANDAL, KURNOOL DISTRICT. 5. THE HEAD MASTER, ZILLA PARISHATH HIGH SCHOOL, DODDANAKERI VILLAGE AND GRAM PANCHAYAT, ADONI MANDAL, KURNOOL 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 appropriate Writ, Order or Direction more particularly one in 2 the nature of Writ of Mandamus declaring the action of the Respondents 1 to 3 in raising the construction in the Z.P. High school land situated Ac. 4.21 cts in Sy.No.101 of Doddanakeri Village, Adoni Mandal, Kurnool District other than the School purpose is illegal, arbitrary, contrary to the Article 21 of Constitution of India and consequently direct the Respondents 1 to 4 to remove the illegal construction in the Z.P.High school Land situated Ac. 4.21 cts in Sy.No.101 of Doddanakeri Village, Adoni Mandal, Kurnool District and to pass IA NO: 1 OF 2022 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 to stop the illegal construction ( other that the school purpose) in the Z.P.High school land situated Ac. 4.21 cts in Sy.No.101 of Doddanakeri Village, Adoni Mandal, Kurnool District, pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioner: 1. O UDAYA KUMAR Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. V VINOD K REDDY (SC FOR ZP MPDO GP) The Court made the following: ::ORDER:: Heard Sri O.Udaya Kumar, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development, appeared for respondents 1 to 3 and Sri Hruthik, learned counsel representing Sri M.Sudhir, learned Standing counsel for the 4th respondent. 2. The above writ petition was filed to declare the action of respondents 1 to 3 in making constructions in Zilla Parishad High School, land in an extent of Ac.4.21 cents in Sy.No.101 of Doddanakeri Village, Adoni Mandal, Kurnool District, as illegal and arbitrary. 3 3. Learned counsel for the petitioner would submit that an extent of Ac.4.21 cents in Sy.No.101 of Doddanakeri Village was allotted for Zilla Parishad High School. Part of the said land has been utilised for the construction of the school building, and the remaining extent is under the control of the school. Out of Ac.4.21 cents, an extent of Ac.0.60 cents was allotted for other purposes, wherein a Water Tank was constructed. Be that as it may, the respondent authorities intend to make further constructions on the land allotted to the school. 4. The writ petition was listed on 21.09.2022 and adjourned to get instructions. 5. A Counter-affidavit was filed on behalf of the 4th respondent. It was specifically contended, inter alia, that the total extent of the land in Sy.No.101 is Ac.4.21 cents. Out of the said extent Ac.3.00 cents was allotted to Zilla Parishad High School, Doddanakeri Village, Adoni Mandal, Kurnool District, in tune with the proceedings vide RC.No.F7/3648/2003 dated 16.06.2004. The remaining extent of Ac.1.21 cents is vested with the Gram Panchayat, wherein an overhead water tank already exists. The Gram Panchayat intended to construct ground-faced water tank in the remaining extent of Ac.1.21 cents. In this regard, the parent committee of the 5th respondent conducted a meeting on 07.06.2022 and expressed its willingness for the construction of ground faced water tank. Thereafter, the Gram Panchayat passed a resolution No.10 dated 08.06.2022, resolving to construct a new ground-faced water tank and eventually prayed to dismiss the writ petition. 6. Learned counsel for the petitioner, learned Assistant Government Pleader for Panchayat Raj and Rural Development and learned counsel for the 4th respondent reiterated their contentions as per the averments made in the affidavit and counter-affidavit. No rejoinder was filed on behalf of the petitioner disputing the averments made in the counter-affidavit. 4 7. Thus, as seen from the material available on record, it is evident that an extent of Ac.3.00 cents in Sy.No.101 of Doddanakeri Village, Adoni Mandal, Kurnool District was allotted to the Zilla Parishad High School; the remaining Ac.1.21 cents is vested with the Gram Panchayat. 8. In fact, the Head Master of the Zilla Parishad High School addressed a letter dated 22.09.2025 to the Mandal Revenue Officer, Adoni Mandal, seeking assignment of patta in respect of Ac.3.00 cents in Sy.No.101. The Gram Panchayat also passed a resolution vide Resolution No.10 dated 08.06.2022 to construct a ground-faced water tank. The construction of the water tank was completed, and it was commissioned successfully, as per the latest written instruction of the Executive Engineer, RWS&S Division, Adoni dated 20.01.2026. 9. Given the facts and circumstances of the case, this Court does not find any illegality or irregularity. Accordingly, the writ petition is dismissed. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Dated: 28.01.2026 SNI 5 186 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.30819 OF 2022 Dated: 28.01.2026 SNI