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2026 DAILYLAW 7192 (AP)

V.Venkataramana, v. The State of Andhra Pradesh

WP/19239/2026 · 2026-08-09

K Sreenivasa Reddy

body2026

Judgment text

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APHC010350052026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE 10th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 19239/2026 Between: 1. V.VENKATARAMANA,, S/O LATE LATE V.VENKATASWAMY AGED 62 YEARS ,OCC AGRICULTURE R/O. DINNEPALLI VILLAGE, VOOLAPADU, RAMASAMUDRAM MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER A N D 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, PANCHAYATHRAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.522238 2. THE DISTRICT COLLECTOR, MADANAPALLI ANNAMAYYA DISTRICT.517325 3. THE REVENUE DIVISIONAL OFFICER, MADANAPALLI, ANNAMAYYA DISTRICT.517325 4. THE MANDAL PARISHAD DEVELOPMENT OFFICER, RAMASAMUDRAM MANDAL, ANNAMAYYA DISTRICT.517417 5. THE VOOLAPADU VILLAGE GRAMA PANCHAYAT, REP., BY ITS PANCHAYAT SECRETARY, RAMASAMUDRAM MANDAL, ANNAMAYYA DISTRICT.517417 6. V HARINATH, S/O LATE LATE V.VENKATASWAMY AGED 54 YEARS , OCC AGRICULTURE R/O. DINNEPALLI VILLAGE, VOOLAPADU, RAMASAMUDRAM MANDAL, ANNAMAYYA DISTRICT.517417 ...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 order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the Respondents No.4 and 5 in stopping the SRK, J W.P.No.19239 of 2026 2 illegal unauthorized construction being carried out by the Respondent No.6 at land in an extent Ac.2.08Cents in Sy.No. 249/5 DinnepalliVillage, Voolapadu, Ramasamudram Mandal, Annamayya District without obtaining permissions from the Respondent No.4 as arbitrary, illegal, abdication of the statutory duty cast on them and voilative of the fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of Constitution of India and consequently direct the Respondents No.4 and 5 to stop the illegal construction being carried out by the Respondent No.6 at land in an extent Ac.2.08Cents in Sy.No. 249/5 DinnepalliVillage, Voolapadu, Ramasamudram Mandal, Annamayya District 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 Counsel for the Petitioner: 1. S PARINEETA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. SASANKA BHUVANAGIRI (SC FOR NON SERVICES ZPPS MPPS GP FOR RAYALASEEMA SPSR NELLORE PRAKASAM) The Court made the following: SRK, J W.P.No.19239 of 2026 3 O R D E R Heard the learned counsel for the petitioner, learned Assistant Government Pleader for Panchayat Raj and Rural Development, and learned Standing Counsel for Gram Panchayat. 2. This Writ Petition is filed seeking the following relief: “….to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondent Nos.4 and 5 in stopping the illegal unauthorized construction being carried out by the respondent No.6 at land in an extent of Ac.2.08 cents in Sy.No.249/5 Dinnepalli Village, Voolapadu, Ramasamudram Mandal, Annamayya District, without obtaining permissions from the respondent No.4, as arbitrary, illegal and violative of fundamental rights under Articles 14, 19 and 21 of the Constitution of India, and consequently direct the respondent Nos.4 and 5 to stop the illegal construction being carried out by the respondent No.6 at land in an extent of Ac.2.08 cents in Sy.No.249/5 Dinnepalli Village, Voolapadu, Ramasamudram Mandal, Annamayya District and pass such other order or orders …” 3. Grievance of the petitioner is that, the land in an extent of Ac.2.08 cents in Sy.No.249-5 at Dinnepalli Village, Voolapadu, Ramasamudram Mandal, Annamayya District is the ancestral property of petitioner, and it was in possession and enjoyment of his grandfather viz. V.Gavanna @ Gavappa. Subsequent to his demise, the subject property was devolved upon one V.Venkataswamy, father of petitioner, and subsequent to his demise, the petitioner and SRK, J W.P.No.19239 of 2026 4 respondent No.6 have been in separate possession of their respective share in the subject property. (b) The respondent No.6, with the active collusion of revenue authorities, in order to grab the entire subject property, struck off the name of petitioner’s father and replaced his name in Khata No.666 pass book. In that regard, the petitioner made several representations, but it proved futile. The petitioner preferred appeal before respondent No.3 in ROR Appeal No.763 of 2025 seeking to cancel the Pattadar Pass Book standing in the name of respondent No.6 and to issue Pattadar Pass Book and Title Deed in respect of the share of the petitioner and to mutate his name in the revenue records. (c) The petitioner filed Writ Petition No.16123 of 2026 before this Court, seeking to expedite the hearing of ROR Appeal pending consideration by respondent No.3 and the same is pending for adjudication. But, since there is no stay order in the appeal filed by the petitioner, the respondent No.6 started making illegal unauthorized construction without obtaining any approval from the respondent Nos.4 and 5, thereby trying to change the physical features and making efforts to take possession of the subject land. Though, the petitioner made representation dated 04.05.2026 to the SRK, J W.P.No.19239 of 2026 5 respondent Nos.4 and 5, the respondent No.6 has been making construction in the subject property on war footing basis. Hence, the Writ Petition. 4. Today, when the matter has come up before this Court, learned Standing Counsel for Gram Panchayat, on written instructions received from Voolapadu Gram Panchayat, represented by its Panchayat Secretary, Ramasamundram Mandal, Annamayya District- 5th respondent, submits that pursuant to the representation made by the petitioner about 6th respondent going ahead with the unauthorized construction of a house in the land admeasuring Ac.2.08 cents in Sy.No.249/5 of Dinnepalli Village, Voolapadu, Ramasamudram Mandal, Annamayya District, respondent No.5 issued a notice to 6th respondent on 12.05.2026, directing him to stop the construction. He further submits that the respondent No.6, upon receipt of the notice, stopped the construction of the house, however, as no explanation was submitted by him pursuant to the notice issued by 5th respondent, they issued another show-cause notice to the respondent No.6 on 30.07.2026. Learned Standing Counsel concludes that if the construction made by the respondent No.6 is found to be unauthorized, they will follow due process of law and will take SRK, J W.P.No.19239 of 2026 6 necessary steps and pass orders in accordance with law. The written instructions are placed on record. 5. Recording the said submission, the Writ Petition is disposed of. There shall be no order as to costs of the Writ Petition. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. JUSTICE K. SREENIVASA REDDY 10th August, 2026. DNB Whether the Order is: Speaking ✓ Reasoned Reportable Non-reportable ✓