APHC010684482025 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: 35513/2025 Between: 1. KHAMBHAM DWARAKANADHA REDDY, S/O K. YARRAMMAREDDY, AGED ABOUT 54 YEARS, OCC. AGRICULTURE, R/O 3-29, JANDLAVARIPALLI VILLAGE, ROMPICHERLA.MANDAL, CHITTBOR DISTRICT. 2. D. KRISHNA REDDY, S/O LATE RAMI REDDY, AGED ABOUT 69 YEARS, OCC. AGRICULTURE, R/O 4-37, JANDLAVARIPALLI VILLAGE, ROMPICHERLA MANDAL, CHITTOPR DISTRICT. 3. D. RAM MOHANA REDDY, S/O D. BHASKAR, AGED ABOUT 54 YEARS, OCC. AGRICULTURE, R/O 4--34, JARIDLAVARIPALLI VILLAGE, ROMPICHERLA MANDAL, CHITTOOR DISTRICT. 4. . D. KISHORE KUMAR REDDY, S/O D. KRISHNA REDDY, AGED ABOUT 38 YEARS, OCC. AGRICULTURE, R/O 4-37, JANDLAVARIPALLI VILLAGEJ ROMPICHERLA MANDAL, CHITTOOF DISTRICT. 5. D. VENKATA RAMANA REDDY, S/O BHASKAR, AGED ABOUT 40 YEARS, OCC. AGRICULTURE, R/P JANDLAVARIPALLI VILLAGE, ROMPICHERLA MANDAL, CHITTOOR DISTRICT. 6. D. REDDY RANI, W/O D. VENKATA RAMANA REDDY, AGED ABOUT 54 YEARS, OCC. AGRICULTURE, R/O JANDLAVARIPALLI VILLAGE, ROMPICHERLA MANDAL, CHITTOOR DISTRICT. 2 7. D. KIRAN KUMAR REDDY, S/O D. NAGI REDDY, AGED ABOUT 60 YEARS, OCC. AGRICULTURE, R/O 4-38, R/O JANDLAVARIPALLI VILLAGE, ROMPICHERLA MANDAL, CHITTOOR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATHI, GUNTUR DISTRICT. (522238) 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT AT CHITTOOR. (517002) 3. THE DISTRICT PANCHAYAT OFFICER, CHITTOOR DISTRICT AT CHITTOOR. (517001) 4. THE DEPUTY EXECUTIVE ENGINEER, PANCHAYAT RAJ, SODAM, CHITTOOR DISTRICT. (517123) 5. THE JANDLAVARIPALLE GRAM PANCHAYAT, REPRESENTED BY ITS SECRETARY, JANDLAVARIPALLE VILLAGE, ROMPICHERLA MANDAL, CHITTOOR DISTRICT. (522617) ...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 OF MANDAMUS declaring the action of the Respondents herein particularly Respondent Nos.4 85 5 in proposing to construct a Panchayat Building at government Tank namely 'Elechintha Cheruvu' situated at Sy.No.2319 of Peddamallela Revenue Village, Jandlavaripalle Panchayat, Rompicherla Mandal, Chittoor District, without passing any resolution despite having knowledge that the property is a Tank property and not considering the Petitioners' request to construct the same in alternate land of Petitioner No. 1 situated at Sy.No.2035/3 as nothing but illegal, arbitrary, highhanded apart from being violative of fundamental and constitutional rights guaranteed under articles 14 and 21 of the Constitution of India and also 3 contrary to the G.O.Ms.No.188, Dt. 21.07.2011 of Panchayat Raj Department and the A.P Gram Panchayat (Protection of Property) Rules, 2011 as well as the judgment of Hon'ble Apex Court in Jagpal Singh and others Vs. State of Punjab and others and consequently direct the respondents not to make any construction in respect of Panchayat Building in Sy.No.2319 of Pedda Mallela Revenue Village, Jandlavaripalle Panchayat, Rompicherla Mandal, Chittoor 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 to DIRECT the Respondent Nos.4 & 5 not to make any construction in respect of Panchayat Building in Sy.No.2319 of Pedda Mallela Revenue Village, Jandlavaripalle Panchayat, Rompicherla Mandal, Chittoor District which is classified as ‘Elechintha Ceruvu’, pending disposal of the Writ petition before this Hon’ble court, and pass Counsel for the Petitioner(S): 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ORDER: Aggrieved by the proposal to construct a Panchayat building at government tank namely Elechintha Cheruvu situated at Sy.No.2319 of Peddamallela Revenue Village, Jandlavaripalle Panchayat, Rompicherla Mandal, Chittoor District, without passing any resolution, the present writ petition is filed. 2. Heard Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioners, Sri Mattegunta Sudhir, learned Standing Counsel for Gram 4 Panchayat and Smt Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj for the respondents. 3. Learned counsel for the petitioners while reiterating the contents of the affidavit submitted that the respondent Gram Panchayat is proposing to construct a Panchayat building in the subject property, without passing any resolution and despite having knowledge that the subject property is a tank property which is known as Elichintha Cheruvu and without considering the petitioners’ who are ayacutdars of the said tank, request to construct the same in alternate land. He further submitted that as per the directions of the Hon’ble Apex Court in Jagpal Singh & Ors v. State of Punjab & Ors 1 and also G.O.Ms.No.188 dated 21.07.2011, a statutory duty was cast upon the Gram Panchayat to protect the tanks. As such, prayed to pass appropriate orders protecting the interest of the petitioners. 4. On the other hand, learned Standing Counsel on written instructions of the Jandlavaripalle Gram Panchayat, Rompicherla Mandal, Chittoor District, dated 21.12.2025, submitted that, no land was proposed for construction of the Panchayat Building till date as alleged by the petitioner. If the Government finds suitable land for the said construction, they would follow due process of law. The writ petition was 1 AIR 2011 SUPREME COURT 1123, 5 filed on mere apprehension, accordingly, prayed to dismiss the writ petition. 5. Taking the submissions of the learned counsel and the written instructions dated 21.12.2025 into consideration, as there is no proposal to construct a panchayat building in the subject property, as the respondent authorities have an intention to follow law, there is no purpose in keeping the writ petition pending and the same is liable to be closed. 6. Accordingly, the Writ Petition is closed. 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