APHC010446402024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]

(Special Original Jurisdiction)

TUESDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 22762/2024 Between:

1. C HEKURI NARSIMHA RAJU, SON OF RAMA KRISHNA RAJU, AGE

66 YEARS, RESIDENT OF FLAT NO. B-1, MY HOME GRANDENIA, 0PP. CHAITANYA SCHOOL ROAD, KARRAVARI SAVARAM, EAST GODAVARI DISTRICT.

2. P ENMETSA JIJIYA BAI,, WIFE OF VENKATA VENU GOPALA RAJU, AGED 51 YEARS, RESIDENT OF DOOR NO. 30-1-13-1, LAKSHMI NILAYAM VADALIVARI STREET, TANUKU, WEST GODAVARI DISTRICT.

...PETITIONER(S)

AND

1. T HE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY PANCHAYATH RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR, DISTRICT.

2. T HE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT.

3. T HE DISTRICT PANCHAYATH OFFICER, RAJAMAHENDRAVARAM, EAST GODAVRI DISTRICT,.

4. T HE RAJAMAHENDRAVARAM, URBAN DEVELOPMENT AUTHORITY, RUDA OFFICE, REPRESENTED BY ITS VICE CHAIRMAN, RAJAMAHENDRAVARAM, EAST GODAVRI DISTRICT.

5. T HE PANCHAYATH SECRETARY, KARRAVARISAVARAM VILLAGE, UNDRAJAVARAM 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 action of the 4th respondent in issuing provisional order dated 30.09.2024 by cancelling the plan approval granted vide proceedings BA No. 70/2023 dated 16.12.2023 for construction of individual residential building, the said provisional order had issued without considering the explanation submitted by the petitioner on 26.09.2024 in reply to the notice issued by the 4th respondent dated 14.09.2024 the authorities are threatening to demolish the construction without following the procedure as contemplated under AP Panchayath Raj act 1994, which is highly illegal and arbitrary and violation of principals of natural justice and consequently direct the respondents not to interfere with the possession of the petitioner without following procedure and without considering the explanation dated

26.09.2024 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 to direct the 4threspondent to consider the explanation submitted by the petitioner dated 26.09.2024 and to pass appropreate orders and further direct the 4th respondent not to interfere with the peaceful possession and enjoyment of the petitioner untill passing of orders to the explanation pending disposal of the main Writ petition and pass Counsel for the Petitioner(S):

1. ELURU SESHA MAHESH BABU Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. R K ACARYULU SC For RJY,KKD,ELR,AMP UDA

3. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra The Court made the following:

::ORDER ::

Impugning the proceedings issued by the Panchayat Secretary of respondent No.5 dated 30.09.2024, the above writ petition was filed.

2. Heard Sri P. Siva Prasad, learned counsel for the petitioner, Sri Rajesh Kumar, learned Assistant Government for Panchayat Raj, appeared for respondents 1 to 3, Sri Chaitanya, learned counsel representing Sri Y. Koteswara Rao, learned Standing Counsel, appeared for respondent No.5 and Sri R.K. Acharyulu, learned Standing Counsel, appeared for respondent No.4.

3. Learned counsel for the petitioner would submit that the petitioners have purchased the agricultural land admeasuring 332 & 312 Square yards in Sy.Nos.31/1 & 7 under the registered document dated 08.03.2007. Thereafter, the petitioners have leased out the property to one Ch. Lakshmi Sahith Devi on 03.01.2024. The lessor obtained the requisite permission from the Pollution Control Board on 24.01.2024, for establishing the