APHC010354642023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

TUESDAY,THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 18204/2023 Between:

1. B HEEMAVARAPU KANNA APPARAO, S/O LATE SANYASI AGED 45 YEARS, OCC. PETTY BUSINESS, R/O H.NO. 18-2, NTR COLONY (TARAKARAMA COLONY) MUNAGAPAKA VILLAGE AND MANDAL, ANAKAPALLI DISTRICT.

2. B ADDEM PRATAP VARAHA LAXMANASWAMY, S/ O SURYANARAYANA, AGED 31 YEARS, STUDENT, R/O D.NO. 2- 22/B, NTR COLONY, (TARAKARAMA COLONY) MUNAGAPAKA VILLAGE AND MANDAL, ANAKAPALLI DISTRICT ...PETITIONER(S)

AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

2. T HE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, ANAKAPALLI

3. T HE TAHSILDAR, MUNAGAPAKA MANDAL, ANAKAPALLI DISTRICT

4. M UNAGAPAKA GRAM PANCHAYAT, REP. BY ITS SECRETARY, MUNAGAPAKA VILLAGE AND MANDAL, ANAKAPALLI DISTRICT ...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 Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the respondent Nos. 2 and 3 in not taking any action to protect the land admeasuring Ac. 0.24 cents situated at NTR Colony, (Tarakarama Colony) Munagapaka village and Mandal, Anakapalli District, earmarked for community hall, temple, park etc., from the 4th respondent gram panchayat who are trying to utilize the said land for other purposes, inspite of the hectic objections from the colony people followed by written representations dt. 23-5-2023 and 29-5-2023 as being illegal, arbitrary, unjust and unconstitutional and consequently direct the Respondent Nos. 2 and 3 herein to take appropriate action against the 4thRespondent Gram Panchayat and to protect the said land from encroachment by the 4th Respondent and to take steps to construct the Kalyana Mandapam and community Hall in the said land, and to grant IA NO: 1 OF 2023 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 No 4 to desist from interfering or making any contruction work in respect of the land in land admeasuring Ac. 0.24 cents situated at NTR Colony, (Tarakarama Colony), Munagapaka village and Mandal, Anakapalli District, pending disposal of the main Writ Petition, and to pass IA NO: 2 OF 2023 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 vacate the interim orders granted in IA No. 1 of 2023 in WP No. 18204/2023 and dismiss the writ petition in the interest of justice and pass Counsel for the Petitioner(S):

1. V HEMANTH KUMAR Counsel for the Respondent(S):

1. GP FOR REVENUE

2. GP FOR PANCHAYAT RAJ RURAL DEV

3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT)

The Court made the following:

ORDER

To declare the inaction of the 2^nd & 3^rd respondents in protecting the land admeasuring Ac.0.24 cents situated at NTR Colony (Tarakarama Colony), Munagapaka Village and Mandal, Anakapalli District, as illegal and arbitrary, the present writ petition is filed.

2. Heard Sri V.Hemanth Kumar, learned counsel for the petitioner and Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat, Smt. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue for the respondents.

3. Learned counsel for the petitioner while reiterating the contents of the affidavit submitted that the subject land has been earmarked for Community Hall, Temple, Park etc. The 4^th respondent-Gram Panchayat is trying to utilize the subject land for other purposes