APHC010391722022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]

(Special Original Jurisdiction)

TUESDAY,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 24076/2022 Between:

1. L UKKA GUDARU VENKAIAH, S/O.KRISHNA MURTHY, HINDU AGED

43 YEARS, R/O.D.NO.4-86/1, NAGARAM VILLAGE A MANDAL, GUNTUR (BAPATLA) DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP.BY PRINCIPLE SECRETARY, PANCHAYATH RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. T HE DISTRICT COLLECTOR, GUNTUR (BAPATLA) DISTRICT, 3. T HE DISTRICT PANCHAYATH RAJ OFFICER, GUNTUR (BAPATLA)

DISTRICT, 4. T HE DIVISIONAL PANCHAYATH RAJ OFFICER, GUNTUR (BAPATLA) DISTRICT, 5. T HE MANDAL PARISHAD DEVELOPMENT OFFICER, NAGARAM MANDAL, GUNTUR (BAPATLA) DISTRICT

6. N AGARAM GRAM PANCHAYATH, REP.BY ITS PANCHAYATH SECRETARY, NAGARAM VILLAGE ET MANDAL, GUNTUR (BAPATLA) DISTRICT, 7. T HE EXECUTIVE ENGINEER, PANCHAYAT RAJ DEPARTMENT, NAGARAM MANDAL, GUNTUR (BAPATLA) DISTRICT

8. T HE SUPERINTENDENT ENGINEER, ROADS ET BUILDING, BAPATLA, GUNTUR DISTRICT

9. T HE DEPUTY ENGINEER, ROADS AND BUILDING, REPALLE, 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 to issue a Writ order or direction, more particularly one in the nature of Writ of Mandamus directing she respondents not to make any construction including Village Secretariat on a public road or road margin on Repalle- Bapatla REtB Road in S.No.278/5 of Nagaram village and mandal, Guntur (Bapatla) District, declaring their action of proposal of construction of village secretariat in the said land as illegal and ultra vires to the provisions of Articles 14 and 21 of the Constitution of India and also direct the respondents to demolish the construction if already made, while directing not to proceed further and pass IA NO: 1 OF 2022 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 all further proceedings of construction of Village Secretariat or any other construction in the road margin on Repalle-Bapatla R and B Road in S.No.278/5 of Nagaram village and mandal, Guntur (Bapatla) District, during the pendency of the writ petition before this Hon'ble Court and to pass Counsel for the Petitioner:

1. HABIBULLA SHAIK Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following:

::ORDER ::

The above writ petition was filed assailing the action of the respondent authorities in intending to construct a Village Secretariat on the road margin in Repalle to Bapatla R & B road in Sy.No.278/5 of Nagaram Village and Mandal, Guntur District, as illegal and arbitrary.

2. Heard Sri Shaik Habibulla, learned counsel for the petitioner, and Sri Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj appeared for respondents 1 to 4, 7, 8 & 9, and Sri Hruthik, learned counsel representing Sri M. Sudhir, learned Standing Counsel, appeared for respondents 5 & 6.

3. In the affidavit filed in support of the writ petition, it was pleaded that one Mathi Nagamalleswaramma W/o Venkata Swamy, gifted Ac.0.05 cents in D.No.212/3C, 212/3D of Nagaram Village and Mandal in favour of the Government, for the construction of the Panchayat building. Thereafter, the Panchayat office building was constructed on the said site. However, the same is not operational. While the matter stood thus, the respondent authorities intend to construct the Village Secretariat on the R&B road margin situated in Sy.No.278/5 of Nagaram Village.

4. Learned counsel for the petitioner would submit that the construction of the Village Secretariat in the road margin will create traffic congestion, an