Disposed¶65

Gonella Venkateswarlu v. the State of Andhra Pradesh

Andhra Pradesh HC21 Dec 2025WP/1377/2023

Case brief

AI extract

What is this about?

Cross writ petitions; writ of mandamus under Article 226; alleged illegal construction contrary to sanctioned plan BLR No.18 of 2022 dated 08.12.2022; Pedamiram Gram Panchayat; Kalla Mandal; West Godavari District; unnumbered notice dated 04.01.2023; interim order dated 23.01.2023 in IA No.1 of 2023; construction stopped; WP 1377 of 2023 closed; WP 13552 of 2023 dismissed as withdrawn; no order as to costs; no merits adjudicated; Andhra Pradesh Panchayat Raj Act, 1994 invoked in pleadings; Section 151 CPC applications.

What did the court decide?

W.P.No.1377 of 2023 closed with no order as to costs; W.P.No.13552 of 2023 dismissed as withdrawn with no order as to costs; pending miscellaneous petitions, if any, stood closed. No adjudication on the merits of either petition. ¶65

Gonella Venkateswarlu Vs the State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondents 1 to 4 were required to initiate appropriate action against respondent 5 for making construction contrary to the sanctioned plan (B.L.R.No.18 of 2022, dated 08.12.2022) on the property in RS.No.445/1, Pedamiram Village, Kalla Mandal, West Godavari District - as raised in W.P.No.1377 of 2023. +1 more

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Court's answer

In view of the construction having been stopped after the filing of W.P.No.1377 of 2023, as confirmed by counsel for both sides, the writ petition vide W.P.No.1377 of 2023 is closed, with no order as to costs.

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Ratio / Principle

Since the construction was stopped, the petitioner in W.P.No.13552 of 2023 sought permission to withdraw the writ petition, and it is dismissed as withdrawn, with no order as to costs.

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Key takeaways

Pending miscellaneous petitions, if any, shall stand closed.ratio¶67

Detailed headnote1 paragraphs

Common order of a single Judge of the High Court of Andhra Pradesh at Amaravati disposing of two cross writ petitions concerning construction on land in RS.No.445/1, Pedamiram Village, Kalla Mandal, West Godavari District. W.P.No.1377 of 2023 (Gonella Venkateswarlu) questioned the inaction of official respondents 1 to 4 in acting against respondent 5 for constructing contrary to the sanctioned plan in B.L.R.No.18 of 2022 dated 08.12.2022; W.P.No.13552 of 2023 (Tivari Purna Singh, respondent 5 in the first petition) questioned the 4th respondent's prevention of his construction despite the said permission and without considering his reply to an unnumbered notice dated 04.01.2023. Both learned counsel recorded that the construction was stopped after the filing of W.P.No.1377 of 2023. On that basis, W.P.No.1377 of 2023 was closed and W.P.No.13552 of 2023 was dismissed as withdrawn, in each case with no order as to costs, and pending miscellaneous petitions were closed. The Court expressed no opinion on the legality of the construction or of the Panchayat's action.

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APHC010027322023

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[3332]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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MONDAY,THE TWENTY SECOND DAY OF DECE M BER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NOS: 1377/2023 & 13552 of 2023

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W.P.No.1377 of 2023

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Between:

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GONELLA VENKA T ESWARLU, S/O GONELLA SRIRA M A SESHAGIRI RAO, AGE 52 Y E ARS, OCC. BUSINESS, R/O D. N O.1-3-5, 3RD STREET, NEAR RAMALAYAM, GANDHI NAGAR, ANAKAPALLI, ANAKAPALLI (VIS A KHAPATNAM) DISTRICT.

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...PETITIONER

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AND

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THE STATE OF A NDHRA PRADESH, REP. BY I T S PRINCIPAL SECRETARY, PA N CHAYATH RAJ AND RURAL D E VELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAV A THI.

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THE DISTRICT C OLLECTOR PANCHAYATH RAJ WING, WEST GODAVRI DISTRI C T, BHIMAVARAM.

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THE MANDAL DE V ELOPMENT OFFICER, KALLA M A NDAL, KALLA, WEST GODAVARI DISTRICT.

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THE PEDAMIRAM GRAM PANCHAYATH, R E P. BY ITS SECRETARY/EXE C UTIVE OFFICER, PEDAMIRAM VI L LAGE, KALLA MANDAL, WEST GODAVARI DISTRICT.

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SRI TIVARI PUM A SINGH, S/O KOTA SATYANAR A YANA SINGH, AGE ABOUT 51 YEARS, OCC. BUSINESS, R/ O D.NO.2-38, PEDAMIRAM VIL L AGE, KALLA MANDAL, WES T GODAVARI DISTRICT.

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...RESPONDENT(S):

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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 1 to 4 to initiate appropriate action against the 5th respondent for making illegal construction against the sanction plan vide BLR.No.18 of 2022, dated 08-122022, in the property to an extent of 52 cents in RS.No.445/1, situated at Pedamiram Village, Kalla Mandal, West Godavari District as illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents 1 to 4 to initiate the appropriate action against the 5th respondent for making illegal construction against the sanction plan vide BLR.No.18 of 2022, dated 08-12-2022, in the property to an extent of 52 cents in RS.No.445/1, situated at Pedamiram Village, Kalla Mandal, West Godavari District and to pass

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IA NO: 1 OF 2023

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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 official respondents to stop the illegal construction is raising by the 5th respondent against the sanction plan vide BLR.No.18 of 2022, dated 08-12-2022, in the property to an extent of 52 cents in RS.No.445/1, situated at Pedamiram Village, Kalla Mandal, West Godavari District, pending disposal of the above writ petition and to pass

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IA NO: 2 OF 2023

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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 vacate the interim order dt.23.1.2023 Pursuant to IA No. 1 of 2023 in WP No. 1377 of 2023 and to dismiss above writ petition , in the interest of and pass

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IA NO: 3 OF 2023

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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 vacate the interim order dated 23-01-2023 pursuant to IA No. 1/2023 in WP No. 1377 of 2023 pending disposal above writ petition in the interest of justice and pass

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IA NO: 4 OF 2023

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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 receive Reply Affidavit on record by allowing the Leave Petition in the above Writ Petition and pass

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Counsel for the Petitioner:

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1.K V L NARASIMHA RAO

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Counsel for the Respondent(S):

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1.GP FOR PANCHAYAT RAJ RURAL DEV

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

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

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4.NIMMAGADDA REVATHI

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WRIT PETITION NO: 13552/2023

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Between:

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TIVARI PURNA SINGH, S/O KOTA SATYANARAYANA SINGH, AGED ABOUT 51 YEARS, HINDU, BUSINESS, R/O D.NO.2-38, PEDA AMIRAM VILLAGE, KALLA MANDAL, WEST GODAVARI DISTRICT.

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...PETITIONER

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AND

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THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

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DISTRICT COLLECTOR PANCHAYAT WING, WEST GODAVARI DISTRICT AT BHIMAVARAM.

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DISTRICT PANCHAYAT OFFICER, WEST GODAVARI DISTRICT AT BHIMAVARAM.

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PEDA AMIRAM GRAMA PANCHAYAT, REP. BY ITS EXECUTIVE AUTHORITY-CUM-PANCHAYAT SECRETARY, PEDDA AMIRAM VILLAGE, KALLA MANDAL, WEST GODAVARI DISTRICT.

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...RESPONDENT(S):

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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 action of respondents, particularly 4th respondent in preventing me from constructing house in my site property admeasuring an extent of 52.16 Sq.Yards covered by S.No.445/1 situated at Peda Amiram Village of Kalla Mandal in West Godavari District, without considering my reply/objections submitted by me for unnumbered notice dated 04.01.2023, in spite of permission granted by 4th respondent in his proceedings in BLR No. 18 dated 08.12.2022, as illegal, irregular, irrational, violative of provisions of Andhra Pradesh Panchayat Raj Act, 1994 and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere in any manner with my construction of my said house site property and pass

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IA NO: 1 OF 2023

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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, particularly 4th respondent, not to interfere in any manner with construction of the petitioner's house site property admeasuring an extent 52.16 Sq.Yards covered by S.No.445/1 situated at Peda Amiram Village of Kalla Mandal in West Godavari District, pending disposal of the main writ petition and pass

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Counsel for the Petitioner:

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1.NIMMAGADDA REVATHI

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Counsel for the Respondent(S):

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1.GP FOR PANCHAYAT RAJ RURAL DEV

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

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COMMON ORDER

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Writ Petition vide W.P.No.1377 of 2023 is filed questioning the inaction of the respondent nos.1 to 4 in initiating appropriate action against respondent no.5 in making illegal construction against the sanctioned Plan vide B.L.R.No.18 of 2022, dated 08.12.2022.

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Whereas the respondent no.5 in W.P.No.1377 fo2023 filed Writ Petition vide W.P.No.13552 of 2023 questioning the action of respondent authorities in preventing him from construction house in his site admeasuring 52.16 sq.yards covered by S.No.445/1 situated at Peda Amiram Village of Kalla Mandal in West Godavari District, without considering his reply/objection submitted for notice issued to him dated 04.01.2023.

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Since both the writ petitions are in relation to the same subject property, they are heard together and are being disposed of by this common order.

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Heard Sri K.V.L.Narasimha Rao, learned counsel for the petitioner in W.P.No.1377 of 2023, Smt. Nimmagadda Revathi,learned counsel for petitioner in W.P.No.13552 of 2023 and Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat.

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Smt. Nimmagadda Revathi, learned counsel, submitted that consequent to filing of the writ petition vide W.P.no.1377 of 2023, the unofficial respondent (petitioner in W.P.No.13552 of 2023) stopped the

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construction activity and therefore, the writ petition vide W.P.no.1377 of 2023 which was filed questioning the construction can be closed. Sri K.V.L.Narasimha Rao, learned counsel, also confirmed that subsequent to filing of the writ petition, respondent no.5 in W.P.No.1377 of 2023 (petitioner in W.P.No.13552 of 2023) stopped construction.

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Smt. Nimmagadda Revathi, learned counsel further submitted that

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since the construction itself is stopped, the petitioner seeks permission of this Court to withdraw writ petition vide W.P.No.13552 of 2023 which was filed questioning the action of respondent authorities in not permitting him to make construction.

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