APHC010597902023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 31273/2023 Between: Malireddy Suryanarayana @ Krishna Rao Chowdary and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. SHAIK MEERAVALI Counsel for the Respondent(S): 1. SAMBOJU BALA GOPAL 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following order: The short grievance of the petitioners is that the respondent authorities are not taking any action against the illegal/unauthorized constructions made by the respondent nos.7 to 9 in Sy.No.133/1 to an extent of Ac.0.10 cents of Jaggamagaripet, Samarlakota Mandal, Kakinada District in spite of making representations dated 25.10.2023, 30.10.2023 and 03.11.2023 in that regard. 2. Heard Sri Shaik Meeravali, learned counsel for the petitioners and Sri Y.Koteswara Rao, learned Standing counsel for the Gram Panchayat. 3. Learned counsel for the petitioners in elaboration to what has been stated in the affidavit contended that the petitioners have purchased the subject property under registered sale deed No.3691 of 1980 dated 30.05.1980 and have been in possession and enjoyment of the same without any interruption from anybody. He further submitted that, the unofficial respondents, without having any right or title over the subject property, started illegal constructions in the subject property. He further submitted that in spite of making representations dated 25.10.2023, 30.10.2023 and 03.11.2023 in that regard, the respondent authorities have not taken any action against the said unauthorized constructions. As such prayed to pass appropriate orders protecting the interest of the petitioners. 3. Sri Y.Koteswara Rao, learned Standing counsel for the Gram Panchayat on instructions of Panchayat Secretary, Hussainpuram, Samarlakota mandal dated 06.01.2026 submitted that, previously, the 7th respondent had made online application for approval of plan and it was rejected by the Gram Panchayat. It was further submitted that the 7th respondent was constructing building without any plan and permission from the Gram Panchayat and they have issued notice in that regard. It was further submitted that the entire survey number Sy.No.133 measuring Ac.8.28 cents was acquired by the Government for providing house sites under SWLA and that they would take steps against the unauthorized constructions by following due process of law. 4. Perused the record and considered the submissions of the learned counsel for both the parties. 5. A perusal of the instructions of Panchayat Secretary, Hussainpuram, Samarlakota mandal dated 06.01.2026 would indicate that the tahsildar, Samarlkota mandal has re-surveyed the Sy.No.133 and submitted a report on 19.12.2025 stating that the entire survey number Sy.No.133 measuring Ac.8.28 cents was acquired by the Government for providing house sites under SWLA. Further it was stated that the 7th respondent was constructing unauthorized building without any plan and permission from the Gram Panchayat and they have issued notice in that regard and they would take steps against the unauthorized constructions by following due process of law. 6. As no positive orders are being passed affecting the rights of the respondent nos.7 to 9, sending notices and hearing them is unnecessary. In the said circumstances, this Court is inclined to dispose of the writ petition with the following direction: The respondent authorities are directed to take steps against the unauthorized constructions, if any, in accordance with law by issuing show cause notices to all the parties concerned inviting explanation by giving sufficient time and to pass a reasoned order after affording an opportunity of personal hearing to them. Such exercise shall be completed within three(03) months from the date of receipt of copy of this order. Accordingly, the writ petition is disposed of. No costs. Miscellaneous applications, pending if any, shall stand closed. ________________________ JUSTICE RAVI CHEEMALAPATI BRS