APHC010357482021 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: 21787/2021 Between:

1. G ANDU NARAYANA,, S/O. NARASIMHA RAO, AGED 38, R/O. D.NO.2-

32, BHATLURU VILLAGE, SATTENAPALLI MANDAL, GUNTUR DISTRICT.

2. E . ANKAMMA RAO,, S/O. JAGANMOHAN RAO, AGED 37, R/ O.

BHATLURU VILLAGE, SATTENAPALLI MANDAL, GUNTUR DISTRICT.

3. G ANDU SUJATHA LAKSHMI,, W/O. G. NARAYANA, AGED 35, RIO.

D.NO.2-32, BHATLURU VILLAGE, SATTENAPALLI MANDAL, GUNTUR DISTRICT.

...PETITIONER(S)

AND

1. T HE STATE OF ANDHRA PRADESH, DEPT. OF PANCHAYATRAJ AND RURAL DEVELOPMENT, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI.

2. T HE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT.

3. D ISTRICT PANCHAYAT OFFICER, GUNTUR, GUNTUR DISTRICT.

4. T HE MANDAL PARISHAD DEVELOPMENT OFFICER, SATTENAPALLI, SATTENAPALLI MANDAL, GUNTUR DISTRICT.

5. T HE TAHASILDHAR, SATTENAPALLI MANDAL, GUNTUR DISTRICT.

6. B HATLURU GRAMPANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, BHATLURU VILLAGE, SATTENAPALLI MANDAL, GUNTUR DISTRICT.

7. D ISTRICT FOREST OFFICER, GUNTUR, GUNTUR 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 an order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent authorities in constructing Rythu Bharosa Kendram, Wellness Center or any other construction in Sy.No.54 of Bhatluru Village, Sattenapalli Mandal, Guntur District, which is earmarked for community purpose and which will lead to the destruction of the holy Banyan tree without there being any notice or without following due process of law as illegal, contrary to law, arbitrary, without jurisdiction and against the principles of natural justice and in violation of Art.14, 19(1) 86 51-A(i) of Constitution of India, and consequently direct the respondent authorities not to make any constructions in Sy.No.54 of Bhatluru Village, Sattenapalli Mandal, Guntur District, which is earmarked for the community purpose IA NO: 1 OF 2021 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 respondents not to proceed with construction of the Rythu Bharosa Kendram (RBK), Wellness Centre or any other construction in Sy.No.54 of Bhatluru Village, Sattenapalli Mandal, Guntur District, which is earmarked for community purpose and which will lead to the destruction of the holy Banyan tree, pending disposal of Writ Petition Counsel for the Petitioner(S):

1. P SAI SURYA TEJA Counsel for the Respondent(S):

1. KOTI REDDY IDAMAKANTI (SC FOR ZPP MPP AND GRAM PAN)

2. GP FOR REVENUE

3. GP FOR PANCHAYAT RAJ RURAL DEV

4. GP FOR FORESTS The Court made the following:

ORDER

Impugning the action of the respondent authorities in constructing Rythu Bharosa Kendram, Wellness Center or any other construction in Sy.No.54 of Bhatluru Village, Sattenapalli Mandal, Guntur District, which is earmarked for community purpose and which will lead to the destruction of the holy Banyan tree without there being any notice or without following due process of law as illegal and arbitrary, the present writ petition is filed.

2. Heard Ms. Pooja Sree, learned counsel, representing Sri P.Sai Surya Teja, learned counsel for the petitioners, Sri Mattegunta Sudhir, learned Standing Counsel for Gram Panchayat, Smt.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj, Sri Vijay, learned Assistant Government Pleader for Forest and Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue for the respondents.

3. While reiterating the contents of the writ petition, learned counsel for the petitioners submitted that the subject land is earmark