APHC010222242023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 11642/2023 Between:

1. S URISETTI PEDA VENAKTA RAYUDU, S/O. LATE NARASIMHA RAO, AGED 78 YEARS, OCC. RTD. EMPLOYEE, R/O. H.NO. 73-18-19/46, SAI TOWERS, D10, A.V.APPARAO ROAD, RAJ AMAHENDRAVARAM, EAST GODAVARI DISTRICT.

...PETITIONER AND

1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATHI, GUNTUR DISTRICT.

2. THE DISTRICT COLLECTOR, DR. B.R.AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM.

3. THE DISTRICT PANCHAYAT OFFICER, DR.

B.R.AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM.

4. THE REVENUE DIVISIONAL OFFICER, AMALAPURAM DIVISION, AMALAPURAM, DR. B.R.AMBEDKAR KONASEEMA DISTRICT.

5. THE DIVISIONAL PANCHAYAT OFFICER, AMALAPURAM DIVISION, AMALAPURAM, DR.

B.R.AMBEDKAR KONASEEMA DISTRICT.

6. THE TAHSILDAR, MAMIDIKUDURU MANDAL, DR.

B.R.AMBEDKAR KONASEEMA DISTRICT.

7. THE MANDAL PARISHAD DEVELOPMENT OFFICER MPDO, MAMIDIKUDURU MANDAL, DR. B.

R.AMBEDKAR KONASEEMA DISTRICT.

8. THE EXTENSION OFFICER PR AND RD, MAMIDIKUDURU MANDAL, DR. B.R.AMBEDKAR KONASEEMA DISTRICT.

9. THE GRAM PANCHAYAT, MAGATAPALLI, REP. BY ITS SECRETARY, MAGATAPALLI VILLAGE, MAMIDIKUDURU MANDAL, DR. B.R.AMBEDKAR KONASEEMA DISTRICT.

10. S TATION HOUSE OFFICER, NAGARAM POLICE STATION, NAGARAM, MAMIDIKURU MANDAL, DR.

B.R.AMBEDKAR KONASEEMA DISTRICT.

11. B ONTHU SRINIVASA RAO, S/O. BHASKARA RAO, AGED 47 YEARS, MAGATAPALLI VILLAGE, MAMIDIKUDURU MANDAL, DR. B.R.AMBEDKAR 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 topleased to issue a writ, order or direction, more particularly, one in the nature of WRIT OF MANDAMUS declaring the inaction of the Respondents authorities intaking steps to stop the illegal constructions of the 11th Respondent in Gram Panchayat land by closing the way to approach the agricultural lands of the Petitioner along with other farmers in Sy.No. 138-2 to an extent of Ac. 0-06 cents situated at Magatapalli Village, Mamidikuduru Mandal, Dr. B.R.Ambedkar Konaseema District and removing the illegal structures therein as illegal and constitutional and consequently direct the respondent authorities to remove the structures of any kind in the Gram Panchayat land and also way to approach the Petitioner's land in Sy.No. 138-2 to an extent of Ac. 0-06 cents situated at Magatapalli Village, Mamidikuduru Mandal, Dr. B.R.Ambedkar Konaseema District while initiating proceedings against the authorities concerned who failed to take any action in spite of representations made to them in this regard 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 pleased to direct the Respondent authorities to take steps to stop all further construction/development activity of any kind in Sy.No. 138-2 to an extent of Ac. 0-06 cents situated at Magatapalli Village, Mamidikuduru Mandal, Dr. B.R.Ambedkar Konaseema District by

11th Respondent by sealing the premises and pass IA NO: 1 OF 2024 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 grant leave to the petitioner herein /respondent No. 9 in WP No. 11642 of 2023 to file counter affidavit in the above writ petition and pass Counsel for the Petitioner: 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S):

1. GP FOR HOME

2. GP FOR REVENUE

3. GP FOR PANCHAYAT RAJ RURAL DEV

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

The Court made the following ORDER:

Declaring the inaction of respondent authorities in taking steps to stop the illegal cons