APHC010305342023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 15718/2023 Between:

1. PENUMATSA SURYA KANTAMMA, W/O.APPALA RAJU, AGED ABOUT 87 YEARS, R/O.SATYAVADA VILLAGE, UNDRAJVARAM MANDAL, EAST GODAVARI DISTRICT ...PETITIONER AND

1. THE STATE OF AP, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, RAJ AMAHANDRAVARAM, EAST GODAVARI DISTRICT.

3. THE DIVISIONAL PANCHAYAT OFFICER, , KOVVURU DIVISION, KOVVURU, EAST GODAVARI DISTRICT.

4. THE TAHSILDAR, UNDRAJVARAM MANDAL, UNDRAJVARAM, EAST GODAVARI DISTRICT.

5. THE STYAVADA GRAM PANCHAYAT, REP. BY IT'S PANCHAYAT SECRETARY, STYAVADA, UNDRAJVARAM MANDAL, EAST GODAVARI DISTRICT.

6. BHAGAVATHULA SURESH SASTRY, S/O.SATYAM, AGED. MAJOR, R/SOCIETY ROAD, NEAR JAGAN ANNA COLONY,STYAVADA, VUNDRAJVARAM MANDAL, EAST GODAVARI 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of MANDAMUS declaring the inaction of the Respondents in stopping the illegal constructions by the 6th Respondent on the Government Poramboke belongs to 5th Respondent on the complaint of the Petitioner as arbitrary, illegal, capricious and violative of Fundamental Rights guaranteed under Article. 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to stop the unauthorized construction by the 6th Respondent on the Southern side of the Petitioner's house forthwith, 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 to stop the illegal and unauthorized construction by the 6' Respondent in the Government Poranamboke land of Satyavada Gram Panchayat, East Godavari District, pending disposal of the above writ petition, and pass Counsel for the Petitioner:

1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S):

1. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra

2. GP FOR PANCHAYAT RAJ RURAL DEV

3. K V L NARASIMHA RAO The Court made the following order:

Aggrieved by the inaction of respondents on the complaint made by the petitioner seeking to stop the illegal constructions raised by respondent No.6 in the Government Poramboke land belongs to respondent No.5-Gram Panchayat, the present Writ Petition has been filed.

2. Heard Sri Sai Gangadhar Chamarty, learned counsel for the petitioner, Smt D.Chandrika, learned Assistant Government Pleader for Panchayat Raj, Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue, Sri N.Srihari, learned standing counsel for Gram Panchayat and Sri K.L.Narasimharao, learned counsel for unofficial respondent.

3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that respondent No.6 started construction in the poramboke land belongs to Gram Panchayat, which is adjacent to the petitioner’s residential house. On bringing the same to the notice of the notice of the respondent authorities, a notice was issued to respondent No.6, pursuant to which, he stopped the construction. He further submitted during the second week of May, 2023, when respondent No.6 again mobilized construction material to resume construction, the same was brought to the notice of the authorities, but they have failed to take any action till date.

4. On the other hand, learned standing counsel for Gram Panchayat, while reiterating the contents of the counter affidavit of the Panchayat Secretary, Satyawada, cont