APHC010552402023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 28694/2023 Between: 1. P SRINIVASULU, S/O. LATE NARAYANASWAMY, AGED 65 YEARS, OCC. AGRICULTURE, RESIDING AT D.NO.5/811, BC COLONY, KOTHACHERUVU VILLAGE AND MANDAL, SRI SATYA SAI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 2. THE DISTRICT PANCHAYAT OFFICER, SRI SATYA SAI DISTRICT, PUTTAPARTHY. 3. THE KOTHACHERUVU GRAM PANCHAYAT, REPRESENTED BY ITS PANCHAYAT SECRETARY, KOTHACHERUVU VILLAGE AND MANDAL, SRI SATYA SAI DISTRICT. 4. C VENKATA RAMANAPPA, S/O. C. VENKATESH, AGED 70 YEARS, OCC. AGRICULTURE, RESIDENT OF OPP. LAKSHMI THEATRE, MAIN ROAD, KOTHACHERUVU VILLAGE AND MANDAL, SRI SATYA SAL DISTRICT. Page 2 of 5 SRS,J W.P.No.28694 of 2023 5. C RAVI, S/O. C. VENKATESH, AGED 57 YEARS, OCC. AGRICULTURE, RESIDENT OF OPP. LAKSHMI THEATRE, MAIN ROAD, KOTHACHERUVU VILLAGE AND MANDAL, SRI SATYA SAI DISTRICT. 6. C CHANDRA SEKHAR, S/O. C. VENKATESH, AGED 50 YEARS, OCC. AGRICULTURE, RESIDENT OF OPP. LAKSHMI THEATRE, MAIN ROAD, KOTHACHERUVU VILLAGE AND MANDAL, SRI SATYA SAI 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 an appropriate writ or order more particularly one in nature of Writ of Mandamus declaring the action of the 3rd respondent Gram Panchayat in not taking steps to stop the illegal construction undertaken by the private respondents in the land admeasuring East-West. 7 Sq. yards, North-South. 7 sq. yards in Sy.No.497-2B situated at Kothacheruvu Village and Mandal, Sri Satya Sai District in pursuance of his legal notice dated 10.12.2023 as illegal, arbitrary and against their obligatory duties and consequently direct the 3rd respondent to stop the illegal constructions undertaken by the private respondents and to pass 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 to direct the 3KI respondent to take action against the illegal constructions undertaken by the private respondents in the house site admeasuring East- West. 7 Sq. yards, North-South. 7 sq. 7 Sq. yards, North-South. 7 sq. yards in Sy.No.497-2B situated at Kothacheruvu Village and Mandal, Sri Satya Sai District by considering his legal notice dated 10.12.2023, pending disposal of the above Writ Petition and to pass Counsel for the Petitioner: 1. GANTA EDIGA RAKESH GOUD p. 3 SRS,J W.P.No.28694 of 2023 Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 3. J U M V PRASAD The Court made the following: :: ORDER :: Heard Smt. S. Sravana Sandhya, learned counsel representing Sri G.E. Rakesh Goud, learned counsel for the petitioner; Sri P. Rajesh, learned Assistant Government Pleader for Panchayat Raj, for respondents 1 and 2; Sri Hruthik, learned counsel representing Sri M. Sudhir, learned standing counsel for respondent No.3 and Sri J.U.M.V. Prasad, learned counsel for respondents 5 and 6. 2. The grievance of the petitioner is that respondent No.3 is not taking any steps to stop illegal construction undertaken by respondents 4 to 6 in survey No.497-2B, situated in Kothacheruvu Village and Mandal, Sri Satya Sai District. 3. Learned counsel for the petitioner would submit that the petitioner’s father purchased a house site admeasuring seven square yards each on East- West and North South, under a registered sale deed, dated 20.01.1963. After the death of the petitioner’s father, petitioner got the property in a partition and has been in possession of the same. Respondents 4 to 6 encroached upon the site and hence, the petitioner filed O.S.No.122 of 2023 on the file of the learned Junior Civil Judge, Puttaparthi. Pending the suit, respondents 4 to 6 without obtaining any permission from respondent No.3, are making constructions. p. 4 SRS,J W.P.No.28694 of 2023 4. Learned counsel for respondents 4 to 6 would submit that respondent No.4 is no more and respondents 5 and 6 are not making any constructions as alleged by the petitioner. He would submit that respondents 5 and 6 have no right over the disputed property. 5. Learned counsel for respondent No.3 submitted a copy of the notice issued by the Panchayat Secretary vide R.C.No.09/2026 dated 24.02.2026 to the unofficial respondents, directing them to submit documents i.e. permission and plan relating to the construction referred to supra, within fifteen days. Learned counsel would submit that the Panchayat Secretary of respondent No.3 will follow the procedure and pass appropriate orders. 6. Given the facts and circumstances of the case, this writ petition is disposed of at the admission stage with the consent of learned counsel on either side, without going into the aspect of civil litigation pending between the parties, directing the learned Secretary of respondent No.3 to follow due procedure as contemplated under the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 and the Rules made thereunder, regarding construction said to have been made by unofficial respondents, without obtaining permission from respondent No.3. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 03.03.2026 IKN p. 5 SRS,J W.P.No.28694 of 2023 156 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 28694 of 2023 Date: 03.03.2026 IKN