APHC010636782023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

WEDNESDAY,THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 32739/2023 Between:

1. PUTTA GANI RAJU, S/O.KRISHNA RAO, AGED ABOUT 50 YEARS, R/O.1-15, MAREDUBAKA, MANDAPETA MANDAL, DR.B.R.A.KONASEEMA DISTRICT. , 2. SMT. PUTTA ATCHUTHAVANI,, W/O.SRIRAMA JOGI BULLINARAYYA, AGED ABOUT 65 YEARS, R/O.85-51-181/5, MODEL COLONY RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT.

...PETITIONER(S)

AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI.

2. THE COMMISSIONER, PANCHAYAT RAJ DEPARTMENT, TADEPALLI, GUNTUR DISTRICT.

3. THE DISTRICT COLLECTOR, DR.B.R.A.KORIASEEMA DISTRICT, AT AMALAPURAM.

4. THE TAHSILDAR, MANDAPETA MANDAL, MANDAPETA, DR.B.R.A.KONASEEMA DISTRICT.

5. THE DISTRICT PANCHAYAT OFFICER, REP BY A.KOIIASEEMA DISTRICT, AT AMALAPURAM.

6. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ DEPARTMENT, AMALAPURAM, DR.B.R.A.KONASEEMA DISTRICT.

7. THE DEPUTY EXECUTIVE ENGINEER, PANCHAYAT RAJ DEPARTMENT, RAYAVARAM, DR.B. R.A.KOIJASEEMA DISTRICT. 8.THE AJSSISTANT EXECUTIVE ENGINEER, MANDAPETA, DR.B.R.A.KONASEEMA DISTRICT.

8. THE ASISTANT EXECUTIVE ENGINEER, MANDAPETA, DR.B.R.A.KONASEEMA DISTRICT.

9. MAREDUBAKA GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, MAREDUBAKA, MANDAPETA MANDAL, DR.B.R.A.KONASEEMA 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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in proposing to construct Rythu Bharosa Centre Building and other structures in the Tank and Road poramboke lands covered by Sy.Nos. 54-1 and 54-2 respectively, situated at Maredubaka Village, Mandapeta Mandal, Dr.B.R.A. Konaseema District, as arbitrary, illegal, unconstitutional, colourable exercise of power, and contrary to the provisions of A.P.Panchayat Raj Act, 1994, and consequently direct the Respondents not to construct any structures in the said lands, and protect the Tank and Road poramboke lands, and to pass such 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 direct the Respondents not to construct any structures including Rythu Bharosa Center in the Tank and Road Poramboke lands covered by Sy.Nos. 54-1 and 54-2 respectively, situated at Maredubaka Village, Mandapeta Mandal, Dr.B.R.A. Konaseema District, and not to change the physical features of said lands, pending disposal of the above writ petition and to pass such Counsel for the Petitioner(S):

1. BOLLA VENKATA RAMA RAO 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 The grievance of the petitioner is that respondent authorities are proposing to construct Rythu Bharosa Centre Building and other structures in the Tank and Road Poramboke lands covered by Survey Nos.54-1 and 54-2 situated at Maredubaka Village, Mandapeta Mandal, Dr.B.R.Ambedkar Konaseema District.

2. This Court, on 20.12.2023, considering the submissions made on behalf of the petitioners and perusing the material on record including Adangals, granted interim direction as prayed for.

3. Despite lapse of more than two (02) years since the date of granting of interim direction, the respondent authorities did not choose to file counter.

4. In view of the same, it is needless to keep the matter pending and this writ petition can be disposed of making the interim order as final order.

5. Accordingly, the writ petition is disposed of, directing the authorities not to make any constructions in the subject land without following due