APHC010668512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 34660/2025 Between: 1. P G N P SRINIVAS, S/O.DR. P. NARASIMHA RAO, AGED 59 YEARS, OCC SENIOR MANAGER (ELECTRICAL) C/O K.M.V. PROJECTS LTD., 302, 3RDFLOOR, NO.7, EAST PARK ROAD, KUMARA PARK, EAST BENGULURU - 560001 ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. 2. TIRUPATI URBAN DEVELOPMENT AUTHORITY TUDA, REP. BY ITS VICE CHAIRMAN, YSR BHAVAN, TUDA OFFICE ROAD, TUDA OFFICE RD, TIRUPATI - 517501. 3. 3. THE DISTRICT PANCHAYAT OFFICER, TIRUPATI RURAL, CHITTOOR DISTRICT. 4. 4. PERURU GRAM PANCHAYAT, REP. BY ITS SECRETARY, PERURU VILLAGE, TIRUPATI - 517502. 5. SMT P SANTHAMMA, W/O. LATE P.SIDDA REDDY, AGED 80 YEARS, OCC HOUSE WIFE, R/O. D.NO.3-1-61,4TH CROSS, VIDYA NAGAR, TIRUPATI. 6. 2 6. MR P B REDDY ALIAS P BONUS REDDY PALIPATI, S/O. NOT KNOWN TO THE PETITIONER. AGED ABOUT 58 YEARS, R/O. D.NO.3-1-61, 4TH CROSS EAST, VIDYA NAGAR COLONY PERURU VILLAGE, TIRUPATI. 7. 7. MR BASAM MANJUNATHA REDDY, S/O. B.HARIKRISHNA REDDY AGED ABOUT 24 YEARS, R/O. D.NO.3-1-61,4TH CROSS EAST, VIDYA NAGAR COLONY, PERURU VILLAGE, TIRUPATI. ...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, direction/direction(s), order or orders more particularly one in the nature of a Writ of Mandamus declaring the inaction of the 4th Respondent in taking action in spite of the Endorsement issued by the 2nd respondent vide proceedings in Roc.No.894/G2/2025, dated 30.06.2025, including my representation, dated 30.08.2025, as illegal, arbitrary, high handed and violation of principles of natural justice and contrary to the provisions of the Panchayat Raj Act, 1994 and consequentially direct the Respondents 3 and 4 to take action as per the endorsement, dated 30.06.2025, issued by the 2nd respondent to the 4th respondent, including on my representation dated 30.08.2025, submitted to the 4th respondent, in the interests of justice 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 Counsel for the Petitioner: 1. A CHANDRAIH NAIDU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. LINGALA HAZARATHAIAH 3 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 4. Karri kalyan Durga Prasad SC FOR TUDA The Court made the following: ORDER: Aggrieved by the inaction of the 4th respondent in taking action as per the Endorsement in Roc.No.894/G2/2025 dated 30.06.2025, issued by the 2nd respondent, and inspite of petitioner’s representation, the present writ petition is filed. 2. Heard Sri A.Chandraiah Naidu, learned counsel for the petitioner, Sri Mattegunta Sudhir, learned Standing Counsel for Gram Panchayat, Sri Karri Kalyan Durga Prasad, learned Standing Counsel for TUDA, Smt Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and Sri Lingala Hazarathaiah, learned counsel for unofficial respondent Nos.5 to 7. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that the unofficial respondent Nos.5 to 7 are tenants of the petitioner and without the consent of the petitioner and without any prior permission from the concerned department, they are making illegal constructions in the petitioner’s land. The petitioner made a representation dated 16.04.2025 to the respondent authorities, however, as no action has been taken by the respondents, he filed W.P.No.18306 of 2025, pending which the 2nd respondent issued the 4 endorsement dated 30.06.2025, addressing the 4th respondent to take immediate action on the unauthorized construction. In view of the said endorsement, the said writ petition has been disposed of giving liberty to the petitioner to take steps if so aggrieved with the endorsement dated 30.06.2025. Thereafter, the petitioner made a representation dated 30.08.2025 to the 4th respondent to take action as per the said endorsement, however, no action has been initiated with regard to the same. If such action is allowed to continue, it affects the rights of the petitioners. He further submitted that it would suffice for the time being if a direction is given to the Panchayat respondents herein to take steps in accordance with law by duly taking into consideration the endorsement of the 2nd respondent TUDA, accordingly, prayed to pass appropriate orders. 4. On the other hand, learned counsel for the unofficial respondent Nos.5 & 7 submitted that a suit has been filed by the unofficial respondents against the petitioner in O.S.No.531 of 2023 wherein the competent Civil Court granted ad interim injunction. He further submitted that the unofficial respondents are not making any illegal constructions, but they are only making renovations with permission. There are civil disputes between the petitioner and the unofficial respondents, as such, only to wreck vengeance against unofficial respondents, the petitioner filed the present writ petition. The petitioner cannot ventilate his 5 grievance before this Court under Article 226 of Constitution of India, accordingly, prayed to dismiss the writ petition. 5. Sri Mattegunta Sudhir, learned Standing Counsel for Gram Panchayat, on written instructions of the 4th respondent submitted that the authorities have an intention to look into the grievance of the petitioner and also the endorsement issued by the 2nd respondent and take steps in accordance with law by duly taking into consideration any orders passed by the competent Civil Court, accordingly, prayed to pass appropriate orders. 6. In reply, learned counsel for the petitioner submitted that the injunction suit was filed by the unofficial respondents restraining the petitioner (who was defendant therein) from interfering with the schedule property. The said suit would not come in the way to take action against the illegal constructions. It is the duty cast upon the Gram Panchayat to take steps against the unauthorized constructions by virtue of G.O.Ms.No.67 dated 26.02.2002, accordingly, prayed to pass orders. 7. Perused the record and considered the submissions made by the learned counsel for the respective parties. 8. As could be culled out from the facts and submissions of the case, the unofficial respondent Nos.5 to 7 made certain constructions in the subject property without obtaining any building permission wherein the 2nd respondent TUDA issued direction to the Panchayat Secretary-4th 6 respondent to take steps against unauthorized constructions made by the unofficial respondents. Further, there are certain civil suits, pending adjudication before the competent Civil Court. It is the contention of the petitioner that the suit filed by the unofficial respondent is for recovery of money and other is for permanent injunction wherein injunction has been granted by the civil Court restraining the petitioner/defendants from the interference with the suit schedule property. The petitioner contends that the said suit, would not come in the way to take steps against the unauthorized constructions. This Court is not inclined to go into those aspects. Further, there is no material available on record in that regard. The contention of the unofficial respondents is that no fresh constructions being carried out in the subject property, but renovation only took place that too with permission. However, this Court, is not inclined to go into the aspect whether the constructions being carried out by the unofficial respondents are fresh constructions or renovations, and whether any permission has been obtained or not. 9. In view of the facts and circumstances, there is no purpose in keeping the writ petition pending inviting counter. As such, this Court, with the consent of the learned counsel, is inclined to dispose of the writ petition by passing the following order: “The 4th respondent is directed to look into the grievance of the petitioner so made in the representation dated 30.08.2025 and by taking 7 into consideration, the endorsement of the 2nd respondent dated 30.06.2025 and if found that the unofficial respondents have made illegal constructions without plan/permission, shall take steps in accordance with law by issuing proper show cause notice inviting explanation by giving sufficient time and also an opportunity of being heard to the unofficial respondents and pass a reasoned order and take steps accordingly. The Panchayat Secretary is also directed to look into the injunction orders granted by the competent civil Court into consideration before passing orders. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order.” 10. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 05th January, 2026 RKS