APHC010710252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

FRIDAY,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 36627/2025 Between:

1. M ERUGU SUBBA RAO,, S/O. SANJEEVA RAO, AGED 58 YEARS, OCC BUSINESS, R/O. D.NO.4-89 AND 90, 9TH WARD, MANTADA VILLAGE, PAMIDIMUKKALA MANDAL, KRISHNA DISTRICT, PIN CODE - 506103.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT PIN CODE - 522237.

2. T HE COMMISSIONER PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, O/O. FJC8 PLUS P7G, NH-16 SERVICE ROAD, TADEPALLI, GUNTUR DISTRICT, PIN CODE-522501.

3. T HE ANDHRA PRADESH CAPITAL REGIONAL DEVELOPMENT AUTHORITY AP CRDA, REP. BY ITS COMMISSIONER, VIJAYAWADA, NTR DISTRICT-

520001.

4. T HE DISTRICT COLLECTOR PANCHAYAT WING, KRISHNA DISTRICT AT MACHILIPATNAM - 521001.

5. T HE DISTRICT PANCHAYAT OFFICER, KRISHNA DISTRICT AT MACHILIPATNAM PIN CODE-521001.

6. T HE DIVISIONAL PANCHAYAT OFFICER, GUDIVADA, KRISHNA DISTRICT-521301.

7. T HE TAHSILDAR, , PAMIDIMUKKALA MANDAL KRISHNA DISTRICT - 521250.

8. T HE MANTADA GRAMA PANCHAYAT, , REP. BY ITS EXECUTIVE AUTHORITY-CUM-PANCHAYAT SECRETARY, PAMIDIMUKKALA MANDAL, KRISHNA DISTRICT, PIN CODE - 506103.

...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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the provisional order, dated 14.08.2025 in Roc.No.54/2024 and subsequent confirming order, dated 01.11.2025 passed by the 8th Respondent and pursuant action of 8th Respondent in contemplating to demolish Petitioners G plus 4 residential building situated in extent of 340.75 Sq. yards in Sy. No.123/2 plus enclosed 114.25 Sq. yards in R.S. No. 123/IB of Mantada Village, Pamidimukkala Mandal, Krishna District, pending Application in Building Penalization Scheme (BPS)-2025 vide Application No. BPS2025/KRI/CRDA/ PAMI/MANT/006183, dated 17.12.2025 before the 3rd Respondent, as illegal, irregular, irrational, violative of principles natural justice, doctrine of promissory estoppel and offends Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Respondents particularly the Respondent not to interfere in any manner with Petitioners peaceful possession and enjoyment of said property nor demolish any portion thereof and pass such 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 may be pleased to suspend the operation of provisional order, dated 14.08.2025 in Roc. No.54/2024 and subsequent confirming order, dated 01.11.2025 passed by the 8**^ Respondent and consequently direct the Respondents particularly 8**^ Respondent not to interfere in any manner with Petitioner’s peaceful possession and enjoyment of his residential building situated in extent of 340.75 Sq. yards in Sy. No.123/2 plus enclosed 114.25 Sq. yards in R.S. No.123/IB of Mantada Village, Pamidimukkala Mandal, Krishna District, pending disposal of the main Writ Petition and pass such Counsel for the Petitioner:

1. SITA RAM CHAPARLA Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following order:

Challenging the highhanded action of the respondent authorities in trying to interfere with and demolish the petitioner’s (G+IV) residential building, situated in an extent of 340 Sq.yards in Sy.No.123/2 along with an enclosed extent of 114.25 Sq.yards in R.S.No.123/1B of Mantada Village, Pamidimukkala Mandal, Krishna District, the present writ petition is filed.

2. Heard Sri Sita Rama Chaparla, learned counsel for the petitioner, Sri Y. Koteshwara Rao, lear