APHC010388142026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE 24th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 20783/2026 Between: 1. TATINENI SIVARAMA PRASAD, S/O. RAMBABU, AGED 46 YEARS, OCCUPATION BUSINESS, R/O. D.NO.7-83, KAPILESWARAPURAM, PAMIDIMUKKALA MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, 5TH BLOCK, GROUND FLOOR, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH-522 238 2. THE DISTRICT COLLECTOR, KRISHNA AT MACHILIPATNAM-521002 3. THE DISTRICT PANCHAYAT OFFICER, Z.P. ROAD, COLLECTORATE COMPOUND, KRISHNA AT MACHILIPATNAM- 521001 4. THE MANDAL REVENUE OFFICERCUM SPECIAL OFFICER, GANDIGUNTA GRAM PANCHAYAT, VUYYURU MANDAL, KRISHNA DISTRICT-521165 5. THE EXECUTIVE OFFICER, GANDIGUNTA GRAM PANCHAYAT, VUYYURU MANDAL, KRISHNA DISTRICT-521165 ...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, order or a direction, more particularly one in the nature of WRIT OF MANDAMUS a. Declaring the proposed action of the Executive Officer, Gandigunta Gram Panchayat, Vuyyuru Mandal, Krishna District /Respondent No.5 to demolish the shopping complex bearing D.No. 4-1 and 4-1/3 in R.S No. 1072, D.No. 1-36 of Gandigunta Gram Panchayat, Vuyyuru Mandal, Krishna District A.P. Panchayat Raj Act, violative of principles of natural justice, fundamental right to life guaranteed under Article 14, 21, 300A of the Constitution of India, besides violation of Human Right guaranteed under Clause 12 of Universal Declaration of Human Rights and b. Pass IA NO: 1 OF 2026 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 pleased to Direct the Executive Officer of Gandigunta Gram Panchayat, Vuyyuru Mandal, Krishna District/Respondent No. 5 not to demolish the shopping complex in R.S No. 1072, bearing D.No. 4-1 and 4-1/3 of Gandigunta Gram Panchayat, Vuyyuru Mandal, Krishna District pending disposal of the Writ Petitionand pass Counsel for the Petitioner: 1. MALLAVOLU NIKITHA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: ::ORDER:: Heard Ms. M. Nikitha, learned counsel for the petitioner; Sri G. Nagabhushanam, learned Assistant Government Pleader for Panchayat Raj, for respondents 1 and 3 and Sri B. Ramesh, learned Assistant Government Pleader for Revenue, for respondent No.2 and Sri Y. Koteswara Rao, learned standing counsel for respondents 4 and 5. 2. The above writ petition was filed to declare the action of respondent No.5 in attempting to demolish the shopping complex bearing D.No.4-1 and 4- 1/3 in R.S.No.1072, Gandigunta Gram Panchayat, Vuyyuru Mandal, Krishna District, A.P. without following the due process of law, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that the petitioner purchased 169.4 square yards in the above survey number under a registered document, dated 13.07.2011. Thereafter, the petitioner constructed the shopping complex by following the procedure. The structure was assessed to tax, and the petitioner has been paying the taxes regularly. While so, the Executive Officer of respondent No.5 attempted to demolish the shopping complex bearing D.No.4-1 and 4-1/3 in R.S.No.1072, D.No.1-36 of Gandigunta Gram Panchayat, Vuyyuru Mandal, Krishna District, A.P., without issuing notice. 4. Learned standing counsel for respondents 4 and 5, on oral instructions, would submit that respondent No.5 conducted a survey of streets in the village and did not attempt to demolish the structure. He would submit that if any encroachment is found, the authority will follow the due procedure. 5. In reply, learned counsel for the petitioner would submit that the Gram Panchayat cannot interfere with Grama Kantam land. She relied on the order rendered by the Division Bench of this Court in The Gram Panchayat vs. Sri Vegi Papa Rao (W.A.No.345 of 2023). 6. However, in view of the submissions made by the learned standing counsel for respondents 4 and 5, this Court is not going into those aspects, whether the land is in Grama Kantam and the competency of the officer, at this juncture. In fact, the learned standing counsel would submit that respondents 4 and 5 will follow the due procedure of law. 7. Given the facts and circumstances of the case and the submissions made by the learned standing counsel, keeping this writ petition pending and inviting counter, will not serve any purpose. 8. Hence, this writ petition is disposed of at the admission stage with the consent of learned counsel on either side, directing the respondents 4 and 5 not to interfere with the petitioner’s possession and enjoyment of structure bearing D.No.4-1 and 4-1/3 in R.S.No.1072, Gandigunta Gram Panchayat, Vuyyuru Mandal, Krishna District, A.P., without following the procedure mandated under the Andhra Pradesh Gram Panchayat Act, 1994 and the Rules made thereunder. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 24.07.2026 IKN Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI W.P.No.20783 of 2026 Date: 24.07.2026 IKN