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RC,J

W.P.No.362782 o0f2 250:2A5P HC:61500

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APHC010698632025

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3332]

(Special Original Jurisdiction)

TUESDAY,THE THIRTIETH DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 36278/2025

Between:

1. THOTA VENKATESWARAMMA, W/O. NAGA MALLESWARA RAO

AGE 56 YEARS, RIO. D. NO. 17-156/1, REKULA MASEED ROAD

VIJAYAWADA, NTR DISTRICT.

2. BOYINA NAGA PADMA,, W/O. VENKARAMANA AGED 54 YEARS,

R/O.D. NO. 74-32/2-19 PANDARIPUNAM 4TH STREET, ASHOK

NAGAR VIJAYAWADA, NTR DISTRICT.

3. BOMMABOYINA VENKATA SRINIVASARAO, S/O. LATE KRISHNA @

KRISHNA MURTHY AGED 52 YEARS, RIO. D. NO. 58-6-22

PATMATA, KRISHNAMGARU STREET VIJAYAWADA, NTR

DISTRICT.

4. GOGUNNURI USHA RANI,, W/O. GANESH KUMAR AGED 50 YEARS,

R/O. H. NO. 5-18, DWARAKA NAGAR, DWARAKA TIRUMALA

MANDAL

...PETITIONER(S)

AND

1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL

SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT

DEPARTMENT SECRETARIAT, AMARAVATI, VELAGAPUDI,

GUNTUR DISTRICT PINCODE 522238

2. THE DISTRICT PANCHAYAT OFFICER, ELURU DISTRICT, ELURU.-

534001

3. THE POTHUNURU GRAM PANCHAYAT, POTHUNURU VILLAGE,

DENDULURU MANDAL ELURU DISTRICT-534442 REPRESENTED

BY ITS PANCHAYAT SECRETARY

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W.P.No.362782 o0f2 250:2A5P HC:61500

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4. BOMMANABOYINA SUMALATHA, W/O. ASWINI KUMAR AGED 42

YEARS, R/O. POTHUNURU VILLAGE DENDULURU MANDAL,

ELURU DISTRICT-534442

5. BOMMANABOYINA MOHIT NAGA DASHWANATH, S/O. ASWINI

KUMAR , AGED 23 YEARS, RIO. POTHUNURU VILLAGE,

DENDULURU MANDAL, ELURU DISTRICT-534442

...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 pleased to issue an appropriate order or direction more particularly,

one in the nature of Writ of MANDAMUS declaring the action of the

Respondent No. 3 in not preventing and in not removing the unauthorized

construction, being made by the Respondent Nos. 4 and 5 without obtaining

permission, on the land in Sy. No. 269/2 of Pothunuru Village, Denduluru

Mandal, Eluru District as illegal, arbitrary, malafidy, irresponsible, contrary to

law and against to the principles of natural justice apart from being violative of

Articles 300A of the Constitution of India and consequentially direct the

Respondents No. 3 to stop and remove the unauthorized construction, being

made by the Respondent Nos. 4 and 5 without obtaining permission, on the

land in Sy. No. 269/2 of Pothunuru Village, Denduluru Mandal, Eluru District,

and to 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

pleased to direct the Respondent No. 3 to stop unauthorized construction,

being made by the Respondent Nos. 4 and 5 without obtaining permission, on

the land in Sy. No. 269/2 of Pothunuru Village, Denduluru Mandal, Eluru

District pending disposal of the above writ petition and to pass

Counsel for the Petitioner(S):

1. KAMBHAMPATI RAMESH BABU

Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

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W.P.No.362782 o0f2 250:2A5P HC:61500

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ORDER

The writ petition is filed questioning the inaction of respondent no.3 in

preventing and removing the unauthorized construction being made by

respondent nos. 4 and 5 in Survey No.269/2 of Pothunuru village, Denduluru

Mandal, Eluru District, without obtaining permission.

2. The case of the petitioner, in brief is that father of petitioner was the

absolute owner of land admeasuring 874 Sq.yards in the subject survey

number, which he acquired vide registered sale deed dated 31.01.1969 and

he died intestate on 17.07.2024 leaving behind him the petitioner and

respondent nos. 4 and 5 as legal heirs and eversince the subject property

remained as their joint property. That respondent nos. 4 and 5 without

obtaining any permission from Gram panchayat started making constructions

in the subject property and despite submission of representation by the

petition