APHC010160002023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

MONDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 8187/2023 Between:

1. K OTHAPALLI GOTIYYA, S/O CHINARAMAYYA, AGE. 77 YRS, OCC.

AGRICULTURE, R/O D.NO.1-100,4TH WARD, RAMARAOGUDEM VILLAGE, DENDULURU MANDAL, ELURU DISTRICT.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT DEPARTMENT, SECRETARAIT, VELAGAPUDI, GUNTUR DISTRICT.

2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MEDICAL AND HEALTH DEPARTMENT, SECRETARAIT, VELAGAPUDI, GUNTUR DISTRICT.

3. THE DISTRICT COLLECTOR, ELURU DISTRICT AT ELURU.

4. THE DISTRICT MEDICAL AND HEALTH OFFICER, ELURU DISTRICT AT ELURU.

5. THE DISTRICT PANCHAYAT OFFICER, ELURU DISTRICT AT ELURU.

6. THE MANDAL PARISHAD DEVELOPMENT OFFICER, DENDULURU MANDAL AT DENDULURU, ELURU DISTRICT.

7. THE TAHSILDAR, DENDULUR MANDAL, ELURU DISTRICT.

8. THE SARPANCH, RAMARAOGUDEM VILLAGE, DENDULURU MANDAL, ELURU DISTRICT.

9. THE SARPANCH, MUPPAVARAM GRAM PANCHAYAT, DENDULURU MANDAL, ELURU DISTRICT.

10. T HE SECRETARY, RAMARAOGUDEM GRAMA SACHIVALAYAM, RAMARAOGUDEM VILLAGE, DENDULURU MANDAL, ELURU DISTRICT.

11. T HE ASSISTANT ENGINEER, PANCHAYAT RAJ DEPARTMENT, DENDULURU MANDAL, ELURU 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 order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of the respondents attempting to construct the YSR Health Centre at Muppavaram Village which is granted to Ramaraogudem Village is illegal arbitrary and unconstitutional and consequently direct the respondent authorities to construct the YSR Health Centre granted to Ramaraogudem Village as per the orders of the District Collector in proceedings bearing No.Roc.D1/2460/2019 e-1804168, dt. 04.06.2020 at near Society Godown, Ramaraogudem or in Grama Kantam / Govt. Poramboke land situated in Sy.No.201-2 of Ramaraogudem Village in the interest of justice and pass 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 respondents direct the respondents not to proceed with the construction of YSR Health Centre at Muppavaram village pending disposal of the above writ petition and pass Counsel for the Petitioner:

1. M P V N V SASTRI 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)

4. GP FOR MED HEALTH AND FAMILY WELFARE The Court made the following:

ORDER:

Declaring the action of the respondents in attempting to construct the YSR Health Centre at Muppavaram Village, though the same was granted to Ramaraogudem Village, as illegal and arbitrary, the present writ petition is filed.

2. Heard Sri M.P.V.N.V.Sastry, learned counsel for the petitioner, Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat for the respondents.

3. It is brought to the notice of this Court by Sri Y. Koteswara Rao, learned Standing Counsel for the Gram Panchayat, on instructions, that there is no proposal for construction of the YSR Health Centre at Ramaraogudem Village. 4. Learned counsel for the petitioner requests this Court to record the instructions of the learned Standing Counsel.

5. Recording the submissions of the learned Standing Counsel, the Writ Petition is closed. There shall be no order as to costs.

As a sequel, miscellaneous applications, pending if any, shall stand closed.

____________________________

JUSTICE RAVI CHEEMALAPATI

Date: 15.12.2025

SNI

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 8187/2023

Date: 15.12.2025

SNI