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[Cites 15, Cited by 0]

Andhra Pradesh High Court - Amravati

School Management Committee, vs The State Of Andhra Pradesh, on 14 February, 2023

Author: Battu Devanand

Bench: Battu Devanand

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI: C0000)
(Special Original Jurisdiction) oe

TUESDAY, THE FQURTEENTH DAY OF FEBRUARY,
TWO THOUSAND AND TWENTY THREE

> PRESENT:
THE HONOURABLE SRI JUSTICE BATTU DEVANAND

W.P.Nos.13833, 10503, 12834, 18234, 19683, 19870, 21851, 22729, 23238 0, £8732,
abO2T, 2B780, JO7O4 of 2021 & 24443 af 2020,

WP No 13823 OF 2024
Setween:
1. Boya Koulutla, Sfo B Kesanna, ages about 33 years, Occ: Vidya Committse
Chairman, Rio Potiapady vilage, Devanakonda Mandal, Kurnool District,

2. PMilaya Bhaskar, S/o P_Jonaiah, aged about 56 years, Occ: Agriculture, Ric
H.No. 1-219, Potlanadu village, Devanakonda Mandal, Kurnool District,
.B.Sreenivasulu, S/o 8. Rangappa, aged about 26 years, Occ: Agnoulture, Ryfo
H.No. 1-193, Potlapadu vi Vilage, Devanakonda Mandal, Kurnool District
Petitioners

tnt

AND
1. The State of Andihva Pradesh, rep by iis Princ pal Secrelary, Revenue
Department, Secretariat 8: uidings, Amaravath!, Guntur District,
2. The State of Andhra Pradesh, rep by is Principal Secralary, Education
Depariment, Secretariat Buildings, Amaravathi, Guntur District.
3. The State of Andhra Pradesh, rep by is Princ gal Secretary, Panchayat Raj
Department, Secretariat Buildings, Arnaravathi, Guntur District.
The District Collector, Kurnoal, Kumoo! District.
The Tahsildar, Devanakanda Mandal, Devanekonda, Kurnoo! District.
The Sarpanch, Potlapadu Gram Panchayat Potlanadu vilage, Devanakanda
Mandal, Kurnool District,
The Secretary. Ministry of Rural Develaprnent, Government of india, Krishna
Bhavan, Dr. Rajendra Prasad Road, New Delhi.

On

md

Respondents
(R? is Suo Mote impleaded as per the order of this court dt. 14.02. 2923}

Petitian under Article 225 of the Constitution of india is fled praying that in the
circumstances stated in the affidavit fled therewith, the High Gourl may be pleased
to issue a Wri, order ar direction more particularly one in the nature of Writ of
Mandamus, declaring the action of the espondents 3 io 8 in damnolishing the schoal
building in ay. Novae an eotent of Ac 0-24 cenis of Potisnadu wilage, Devanakoneda
Mandal, as legal and arbitrary and consequently direct the respondents to
reconstruct the upper primary schoo! building In Sy.No.76/2 an extent of Ac.O-24
cents of Pollapadu vilaga, Devanakonda Mandal, Kurnool District


IA NO: 7 OF 2024

Petiion under Section 151 CPC is fled graying that in the circumstances
stated in the affidavit fled in support of the writ petition, the High Court may be
pleased fo direct the respondents not to interfere with the schoo! premises in
Sy. No. 7/2 to an extent of Ac.0-24 cents of Pott lapadu vilage, Devanakonda Mandal,
Kurnoal District, pending disposal of W.P.19833 of 2021, on the file of the High
Court.

The petition coming on for hearing, upen perusing the Fe a Se anc the
afidavit Hed herein and Orders of High Court dated 19-07-2021, 29.07 909
21.00.2022, 14.12.2022 & 23.12.2022 made herein andj MDOM earl ng the arguinents
of Sri U Ramanjaneyulu Advocate for the Petitioners, lesrned GP for Revenue fo
Respondent Nos.3, 4 & §, GP for Education for Respondent No.2 and learned GP for
Panchayat Rai & Rur al Develc opment for Responient No.3:

WP. No: 19804 OF 2024
Rohveen:

Tisimella ie Mohan, Sfo. Ramesh, aged about 40 years on DO. Na. &-
45/1, Thokalavanipalem, Kolluny Mandal, Guntur District - $22 2
* Petitioner

AND
1. The State of Andhra Pradesh, Ren. oy His Chief Secretary, The Government of
Andhra Pradesh, AP. Secretariat, Velagapudi, Amaravaihl
The State of Andhra Pradesh, Rep. by bs Fri. Secretary, Panchayat Rai and
Rural Development | Department, Sock Ne. 8, AP. Secretariat, Velagapuel,
Arnaravathi

3. The State of Andhra Pradesh, Rep. by its Pr i. Secretary, Revenue
Department, AP. Secretarial, Ve! aga pu, Am aravath,

4. The State of Andhra Pradesh, Rep. by iis Comnissioner. Grame
Volurteers/Ward Volunteers and Vilage SecrelariataAWard Sec cretariais
Department, AP State Housing Corporat! fon Lid, Slot not tf and 12, backside of
BSNL telephone exe ange, Near ARHC agiony, Autonagar, Vi jayawada- 20007.

5. The Commissioner, The Chief Comrnissianer of Land Administration : iCOLA),
DUNG 32-19 Floor f! BIOCk &, Jastt! Towers, Sai Puram Cain ony Road,
Sollapudi, Vilayawada - S24225,

. Respondents
Patlion uncer Article 228 of the Ganstiutian of ince pray ng that in the
sumsfiances stated in the affida vil Hed therewith, the High Court may be pleased
to | iSSUS SA appropriaie Writ, Order or Cire chon, m re pay rhoularly one in the nature of
Writ of Mandamus declaring the iauarc of mpugned GO. Ms Na2 dated
25.03.2021 issued by the 4th respondent } s arbitrary . Hlega@l and violation of Anicias
14, 27 and Q0GA of the Canstitution of India

i& NO: 1 OF 2024

Setition under Section CRO praying that in the circumstances stated in
the affidavit fled in support of he Writ netition the High Court may be sleased to

issue interim directions by suspend ing IMpugned G.0 Ms. No. 2 dated 25.93.2024
as an interim measures, pending disposal of WP 10503 of 20271, on the file of the
Miogh Court.


Las

The petition coming an for hearing, upon perusing the Pelition and the
affidavit fied in support thereof and the earlier Orders of the High Court dated
43 G7.2021 & 09.09.2021 made herein and upon hearing the arguments of Sr
Srinivasa Rao Narra, Advocate for the Petitioner, GP for General Administration for
the Respondent No.1. GP for Panchayat Raj for Respondent No.2, GP for Revenue
for Respondent No.3, ihe Court made the following, --

WP NO: 12531 OF 2024
Between:
4, Kasa Anki Reddy, S/o Sekhar Reddy, aged about 46 years, Qee Agriculure,
Rio Talmudipi vilage, Midthur Mandal, Kurnooi District.
2. Pogula Venkateswarly, S/o P Venkataawamy, aged about 40 years, Gce:
Sarpanch of Talamudip! Grama Panchayat, Midthur Mandal, Kurnool District.

. Petitioner
AND
4. The State of Andhra Pradesh, rap by its Principal Secrelary, Revenue
Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
% The District Collector, Kurnoc!, Kurnool District.
3 The Revenue Divisional Officer, Kurnool, Kurnool District
4 The Tahsifdar, Midthur Mandal, Midthur, Kurnool District.
& The Chief Executive Officer, Zilaparishad, Kurnool, Kurnoal District

. Maspondents

Patiion under Article 228 of the Gonsfiution of india praying that in the
circumstances stated in the affidavit fled therewith, the High Court may be ginasad
fo issue @ Writ, order ar directlan more particularly one in the nature of Writ of
Mandamus, declaring the action of the respondents 7 to 4 in seeking fo allot schaol
play ground admeasuring to Ac.4-72 cants an Ac.8-87 cent in Sy.Nos.i40, 144
respectively of Talarnudipi vilage, Midthur Mandal as house sifes to third parties by
constructing Grama Sachivalayam and Rythu Barosa Vadika as illegal, arturany and
consequently direct the respondents 1 fo 4 not tc interfere with possession and
enjoyment of 2.P. High Schaol land fo an extent of 30.77-S8cents in Sy. Nos. 740 &
141 respectively of Talamudipi vilage, Midthur Mandal, Kurnool District.

IANO: 1 OF 2627

Petition under Section 151 CPC is filed praying that in the ci CUMSTANCEeS
stated in the affidavit fled in support of the writ petition, fhe High Court may be
pleased to stay all further proceedings including allotment of house sites and
sonstruction of Grama Saohivaiayam, Rythu Barosa Vedika etc, in Sy.Nos. 140, 144
to an extent of Ac.1 1-59 cents of Tslamudipi village, Midthur Mandal, Kurnod
District, pending disposal of WR 12531 of 2027, on the file of the High Court

The petition coming on for hearing, upon perusing the Petitian and the
affidavit fied in support thereof and the order of the High Court, dsted 02.07 262%,
OB8.OF 208%. (2.07 2081, 20.04.2082, 14.12.2022 & 22122022 made herein and
upon hearing the arguments of Sr U Ramanianeyulu, Advocate for the Pettioners,
GP for Revenue for Respondent Nos.1 to 4, and Sri |, Koti Reddy, Standing Counsel!
for Respondent NaS.


WENO: 18231 OF 2024

Sewwean
4 foils Rama Rac, Sfo. Pedda Lingaiah, aged 27 years, Occ Agriculture, Rio.
Somenall Village, Tripuranthakarn Mandal, Prakasam District.
> ©& Venkataiah, Sic. Youalah, aged 38 years, Ooo Social worker, Ria. HL Na.
5.4, Somepalll Vilage, Tripuranthaxam Maruial, Prakasam District.
Petitioners
AND
: State of Andhra Pradesh, Represented by ts Princioal Secretary, Panchayat
Raj and Rural Development Depariment, Secretariat, Velagapudi, Guntur
Dastrict
State of Andhra Pradesh, Represented by its Principal Secrefary, School
Edueation Departmert, Secretarial, Velagapud), Guntur District.
:

The Cammissioner of School Education, Andhra Pradesh, Vij

p

ick
ayawada.

The Superintending Engineer (Panchayat Ra), Ongole, Prakasam District.

; :
'he Extension Officer, Panchayalra) anc Surai Development Department,
Tripuranthakeam Mandal, Prakasam District.
The Mandal Parishad Development Officer, Thouramihakam, Prakasam
District.
9. Somenalll Gram Panchayat, Represented by is Panchayat Secretary.
Somepall Vilage, Tripuranthakam Mandal, Frakasam District.
40 The Head Master, Mandal Parishad Upper Primary School, Somepalii village,
Tripuranthakam Mandal, Prakagarn District
44 The Tahsiidar, Tipuranthakam Mandal, Prakasam District,

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{R-10 Is deleted as per Court Order dated 02-09-2027)
Respondents

Petition under Articie 226 of the Canstilution of india is fled oraying that in the
circumstances slated in the affidavit Hed f herewith, the High Court may be pleaser

ig issue order, Writ ar direction mire paniculany one in the mature of Writ of
Mandamus declaring the action of fhe respondents more particularly the raspondents
7 to @ going on with eonstruction aeiivity af vilage Secretarial, Rythu Bharasa
Kendram vilage, Health Clinic, Village Agricultural Godown and Gokulam in the
oremises of Mandal Parishad Upper Primary Schoo! situated in Survey Nos. 1064-7
& 1064-2 admeasuring Acs.0.25 cents ang Ace0.35 cents of Somapall Vilage,
Trouranthakam Mandal Prakasarn District as, iegal, arbilrary and in violation of
National policy of Education . provisions of tie AP Educational Act , 1962, Andhra
Pradesh Educational institutions (Establishments, Recognition, Administration and
eonirol of Schools) Rules 1988, Andhra Kradash Schocl Edusation (Comrrunity
Participation} Act, 1888 and also Articles 21 and 21-A of the Constitution of india anc
ponsequenty direct the raspondaernts to restore the siayground of Mandal Parishad
upper Primary Schoo! situated In Survey No 1084-1 and 1064-2 of Somepall Vilage,
Tripuranthakarn Mandal, Prakasam District, by rernoving the constructions already
made in the school premises. <7


SA SH BS SSNS SSNS SC NRSC SSCS

Lge

IANO: 1 OF 2021

Petition under Section 151 CFC ic fled praying that in the circumstances
Staied in the affidavit fled In suppor of the writ petition, the High Court may be
pleased to direct the respondents not to make any further constructians such as
Vilage Secrefariat, Rythu Bharosa Kencram, Vilage Health CGhnic, Village
Agricultural Godewn and Gokuam in the premises of Mandal Parishad Wigner
Primary School situated in Survey Nos. 1084-1 & 1064-2 of Somepalli Vilage,
Tripuranthakam Mandal, Prakasam District, pending digposal of W.P.No.18234 of
2021, on the file of the High Court,

IA NO: 2 OF 2023

Petition under Section 151 CPC is filed praying thet in the clrournstances
Stated in the affidavit fled in support of the writ petiticn, the High Court may be
pleased fo resture the playground of Mandal parishad upper Prrnary schaol situated
in Survey Nos. 10641-7 & 106422 of Sormenaiti Vilage, Thpuranthakam Mandal,
Prakasa District, by removing the constructions already made, panding dispasal of
WEP No 18231 of 2021, on the file of the High Court, -

The patifion coming on for hearing, upon perusing the Petition and the
affidavit fled in support thereof and the order of the High Court, dated 02.09. 202 1,
20.04. 2022, 14.12.2022 & 22.12.2022 made herein and uson hearing the arqumants
of Sri Ramesh Babu Tallur, Advocate far the Petitioners, QP for Panchayat Rai for
Respondent Nos} and 6, GP for School Edueation for Respondent Noss, 3 & 5,
learned GP for Revenue for Respondent Nos.4 & 71 and Si Vo Vinod K. Reddy,
Standing Counsel for Respondent Nos.7, 8 & 9

WP .Nos.19683 OF 3024

Between:

School Managemant Committee, M.PLLLP School, Matgigoupet, Sarbullli Mandal,
Srikakulam District, Represented by Chairman / Convenor SritUppada Malleshwari,
Wio.Eshwara Rao, Aged about 27 years, Occ: Housewife, Rio. No 4-9,
Matalabupet, Sarbufili, Srikakularn Olstrict,

Petitioner
AND
The State: of Andhra Pradesh, Represented by is Frincinle Secretary,
Panchayat Raj Deparment, Secretarial, Velagapudi, Guntur District.
The District Collector, Srikakulam District at Srikakulam,
The District Panchayat Officer, Srikakulam District af Srikakulam,
The Mandal Revenues Officer (MRO), Sarubullii Mandal Srikakulam District
Mandal Parishad Development Officer, Sarbuflll Mandal, Srikakulam District,
The District Education Officer, Sikakularn District at Srikakulam.
The Mandal Education Officer, Sarbujill Mandal, Srikakulam Distric?
Mataiabupet Grampanchayat, Represented by its Panchayat Secretary,
Matalabupet village, Sarbujili Mandal, Srikakulam District.
-§. The Divisional Engineer (D.E), Amadalavalasa Snkakularn District
10. The Project Oirector (D WA MA), Srikakulam District

owehe

ON on he Oh

Respondants


Patton under Articie 226 of tha Constitution of India is fled praying that in the
creumsiances stated in the affidavit filed therewith, the Hige Court may be oleased
ig Issue a writ, order or direction, particularly one in the nature of Writ of Mandamus.
declaring the action of fhe respondents in not ¢ considering ihe representation dated
23.8.202) submitted by the petitioner requesting not fo allow the consfructian of
Raithu Bharosa Kendrarn, DrYSR village CliniwWWeliness Center and Sulk Mik
Coding Uni (MCL In the premises of M. DY EP Sehool, Matalabupel, Sarubunli
Mandal, Srikakulam Oistrict as the same is illegal, arbitrary and contrary to National
Polhoy on Education, Andhra Pracesh Education Act and the provisions of Right to
Education Act and c consequently direct ihe respondents nol to allw the construction
of Raithu Bharosa Kendram, Dr) ER Vilage ClinicAVeliness Center and Bulk Mik
Goong unit (BMEU) | in fhe prem Has oF MP UP School, Mafalabupet, Sarubujil
Mandal, Srikakularn [Netrict .-

JA NQi 1 OF 2024
Pattion under Section 1&7 OPC Is filed praying that in the circumstance
aigied in the affidavit Med In sunpart of the writ petit on, the High Court may he
eased to direct the respondents to consi ier the raprasentatio n dated 23.8.2034
submitted by the petitioner wherein requesting nat fo construct the Raithu Shsrosa
Kendram, Or ¥SR village ClinioAVeliness Center and Bulk Mik Cooling Unit (BMCUS
in ihe premises of MLPLLP School, Matalabunet, Sarubulll Mandal, Srikakulan
District, pending disposal of WP No. 19683 of 2024, on the file of the High Court.

wee

The patifion coring on for hearing, upon perusing the Patiion and the
afiidavad fied In support thereof are! the earlier Order of the Nigh Court datec
08.09, 2021, 27.08. 2022, 14.32. 2022 & 22.12.2082 made herein and upon hearing
the arguments of Sri Krishna Rae M., Advocate for Ihe Petitioner, and of learned GP
for Panchayat Raj for Respondent Noa} 3 & 8, learned GP for Revenue for
Respondent Nos.2 and 4 Sri Soll Reddy, Star wing Counsel for Respondent Nos.§
& 8, learned GP for Equeati on for seepandent No O66 & 7, Sr Revi Tela Padin,
Standi ing Counsel for Respondant N

WP. NO: T8870 OF 2024

Between:

Jalen Fecidi Raiu, Sic Kordayya. aged about 48 years, R/o 3-27/a Weaker Section
Galony, Ponnamanda Vilage, Razola Mandal, East Godavari District.

. Pattionsr

AND
1. re State of Andhra Pradash, ren. by its Pri
ural Development Depa riment, Secretariat

inal Secrefary Panchayat and
HI idings =. Amaravat.

Z. the Commissioner of P ancnayat Raj and Rural Development, Government of
Andhra Pradesh, Amaravat

3. The Distict Collector of £ ast Godavari Oistict, Kakinada.

4. The District Educational Officer, East Godavari District, Kakinada

5. The Mandal Praignparishad Development Officer, Razole Ma nal
Godavan District.

8. The 2ile Prala Parishad, East Godavari District, Kakinada.

me

The District Panchyat Officer, East Godavari District, Kakinada.


Rann

nach

8. The Ponnamanda Srampanchayat, Rep hy its Secretary, Ponnamanda
Vilage, Razole Mandal, East Godavari Misiries.

9. The Thasiidhar, Razole Mandal East Godavari District.

10. The State of Andhra Pradesh, rep. by tis Principal Secretary, School
Education Department, Secretariat buildings, Amaravati,

34. The State of Andhra Rradesh, rep. by its Principal Secretary, Women and
Child Welfare Departrnent, Secretariat Biuldings, Amaravall,

12. The State of Andhra Pracash, rap. by Rs Principal Secretary, Social Welfare
Department, Secretariat Buildings, Amaraval,

. Respondents

Petition under Article 226 of the Constitution of india is fled praying that in the
circumstances stated in the affidavit Hed therewith, the High Caurt may be leased
fo issue a Writ, Order or direction mare particularly one in ihe nature of Wnt af
Mandamus to deciaring the highhanded action on the part of the respandents herein
proposed and marking the sie to construct the Raithu Sharosa Kandram and 2.4.
Cenfer in the school and Anganwadi premises of ULOM Elementary schon,
Ponnamanda vilage, Razole Mandal, East Godavari District in Sy. No.42Q/18 an
extAc.0 20cents without maintain the serenity and acadernic atmosphere of where
under aged children pursue their education as diegal arblrary and violative of
principle of Articles of the constitufion of india and consequentisiy direct the
respondents not to under take any construction activity in the school and Angawadi
premises of ULCM mlemerntary school, Ponnamanda village, Razole Mandal, Fast
Godavari District in Sy. No. 420/18 an extiAc.0. 20cenis and maintain the serenily and
academic aimopshere of where under aged children persue thelr aducation.

IA NO: 1 OF 2024

Petition under Section 181 CPC is fled praying that in the circurnstances
Stated in the affidavit Hed in Support of the writ petition, the High Court may be
pleased to direct the respondents not ts under lake any construction activity in: the
achoul and Angawadi prernises of ULCM hiernentary School, Ponnamanda Village,
Razole Mandal, East Godavari District in SY.NG420/18 an extAc.d 20cants and
maintain the serenity and academic atmosphere of where under aged children
persue their education, pending disposal of WE Ns. 19876 of 2021, on the fils of the
Nigh Court

The petition coming on for hearing, upon perusing the Petition and the
affidavit fled in support thereof and the garier Order of the High Coun dated
13.09.2021, 24.08.2021, 14.12.2022 & 22.12.9022 made herein upon hearing the
arguments of Sri Bokka Satyanarayana, Acvocate for the Petitioner and GP for
Panchayat Raj for the Respondent Nos.i to 3 & 7 and Sn L&ot Reddy, Standing
Counsel for the Respondent Nos.5. 8 & 8 and GP for School Education for the
Respondent Nos.4 & 10 GP for Revenue for the Respondent No.3 and GP for
Women Development for the Respondent No.i1 GP for Social Welfare for
Respondent Not: <7


Me

WP.NO: 21884 OF 2029 00 «7

Sehvean:

Kodali Santhi Raju, S/o. Roefeswara Rao, sed abou 35 years, Rio. DING. 7-84,
Srikakulam Vilage, Ghantasala Mandal, Krishna Disiict

Petitioner
AND
4, The State of Andhra Pradesh, Through ffs Principle Secretary Depariment of
Panchayat Rai, Secretariat, Arnaravatl, Guntur District,
2. The Commissioner, Panchayath Raj and Rural Development, Tadepall,
Guntur District.
%. The Cistrict Callentor, Krishna District, Chitakalapudi, Machilipeinam.
4. The Tahasiider, Ghantasals, Ghantasala Mandal, Krishna District
5 Mandal Praj a Parishad Developrnent Officer, Ghantasala Mandal, Krishna
Dstrict
8. Grama Sachivalayam, Srikekularn, Rep. by fis Vilage Secretary, Ghaniasaia
Mandal, Krishna Oistrich
7. The Head Master, 2. High Schocl, Srikakulam, Ghaniasala Mandal, Krishna
Piatict.
8. The Principal Secretary, Department of School Education, Government of
Andhra Pradesh.
9. The Cornmissionar, Deparimant of Schoo! Education, Government of Andhra
Pradesh,
0. The Principal Secretary, Department of Municipal Administration, Government
af Andhrs Prades sp
44. The Corpnissioner, Departrnent of Municipal Administration Governmanti of
Andhra Pr adesh.
IRR Sto 11 are impleaded as per C.O.Dt OS/05/2022,}
. Respondents

Potition under Article 288 of the Constitution of india is Med pray! ng that in the
circumstances stated in the affidavit {fed therewith, the Hig " Court ray be plessed
to isgue an appropriate Writ Qroer or direction more particularly in the nature of Wait
of MANDAMUS desiaring the action of the respondents in construction of Rythu
Bharosa Kendram in the premisea of Zila Parishad High eachool bearing RO.
No.1137/2 to an extent of Ac. 1-52 ois, RS.No. 1798/2 an extent of Ac. 144 cis, RS
No. 1136/2 an extant of Ac 1-29nts, 1150/4 an extent of Ae. 6.10 cis RS. No. Tiae/6
an extent of Ac. 1-00 totaling of Ae § §.35 es of Srikakulam Vilage, Ghantasaia
Jandai, Srishnma District is arbitrary, Megat and vianlative of me canstiivion and

consequently direct the respondenis nat to take any construction activities in the giny
groure 7th respondent ¢ ane SParshad High School, in RS. No. 1137/2 to an extent of

| i-Bacis, Re. No. 7158 an extent of Ac. 1-44 cis, 1136/2 an extent af Ac. 1-28
ots, PSSA an extant of Ac 0.16 a6 RS. No. 1139/8 an axfent of Ac. 1-00 totaling of
Ac $85 cfs of Srikakularn Vi Hage. Ghentasala Mandal, Krishna District

IANO: 1 OF 2021

Patiion under Section 181 CPC js fied praying that in the circumstances
stated in the affidavit fied in sugpart of the writ petition, the High Court may be
pleased tn direct the raspor nen': notte construct the Rythu Bharosa Kendram in the
olay ground af the 7" respondent in RS. No. 1137/2 fo an extent of Ac i-Se cts,
Rs No T138/2 an exient : of Ae. 1-44 ots, RE.No TTSa/e an extent of Ac. 1-28 cts,



of

9/4 an extent of Ac 0.70 ofs RS. No. 7749/8 an extent of Ac. 1-00 totaling of Ac.
cis of Srikakulam vi Hage, Shaniasa in Mandal Krishna Distrint, pending
osal of WP 27851 of 2021, on the fie of the High Court.

The petition coming on for hearing, upon perusing the Felitian and the
affidavit fied in support thereof and the warher Orders of fhe High Cour dated
29.09.2021, 05.05.2022, 21.08.2022, 14.12.2022 & 22.12. 2022 made herein and
upon hearing the arguments of Sri Ghantasala Udaya Bhaskar Advocate for the
Petitioner, and of GP for Panchayat Raji for the Respondents 7, 2, GP for Revenue
for Respondent No.3 and 4, Sril Kad i Reddy, Standing Counsel! for Respondent No.d
and &

WP NO: 22081 OF 2027 ---~

Between:

P Chengairayuly, Sfo Ramalah, Aged shout 6G years, Oce: Sarpanch,
Rio Kavalivaripall Vilage, Pakala Mandal, Chittoor District

Patitianer

AND
}. The State of Andhra Pradesh, Rep. by ifs Principal Secretary, Ranchayatra
Deparimant, Secretariat, Velagapudi Guntur District,
The Distnet Collector, ( Panchayat Rai Chittoor, Chittoor District
The Mandal Parishad Develooment Officer, Pakala Mandal, Chitloar Distict.
The Mandal Education Officer, Pakala mandal, Chittoer Di strict,
The Superintending Engineer, Panchayats} Depariment Chifteor, Chittoor
District.

Oa aN

» Rmesponisnts

Patition under Articie 226 of the Constitution of India is filed praying that in the
clrournstances 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 fo declare the action of respondent Nos 2 fo 5 In proceeding ta construct
the Vilage Seorsfariaf Buliing (Grama Sachivaiayam)} of  ULinganapalh
Grampanchayat In the scheo! oremises of Mandal Parishad Primary School,
Linganapall Vilage, Pakala Mandal, Chittoor District as arbitrary, Hlegsi and
consequently direct the respondents not fo construct the Vilage Secretariat Budding
(Grama Sachivalayam) in the schon! premises of Mandal Parishad Primary Schoo,
Linganapalll village, Pakaia mandal, Chittoor District in fhe Inierest of justice.

iA NO: 4 OF 2021

©

Petition under Section 141 GPC is fed prayi ing thai in the circumstances
stated in the affidavit fled in suppart of the writ petition, the High Court may be
meased to direct the resgondent to step the consiruction of Village Secretaria
Bulding (Grama Sachivalayam} in the school premises of Mandal Parishad Priman
School, Linganapall Vilage, Pakala Mandal, Chi Raor Distvict, pending disposal of
WEP No. 22081 of 2021, on the file of the High Court.

The petition coming on for hearing, upon perusing the FPeittian and the
atidavit fled in support thereof and the earlier Orders of the High Court dated
36.09.2021, 1.10. 2024, 24.06.2022, 14.12.2022 & 22.12.2022 made herein and


upon hearing the arguments of Ms. C Jhansi Rant, Advocate for the Patitioner, GF
far Ranch ayat Rai for the Res ' Te, 4&8 and Srivvinod K Re By,
Standing Counsel for Respondent No.2,

WP NO: g2728 OF 2027 -~

Bohvean:

Kota Veerababu, S/o Vankata Narasimha Rac, Chandarlapadu Vilage and Mandal,
Nrishine Distriat

 Petitianer
AND
The State of Andhra Pradesh, Rep by fis Principle Secretary, Rural
Development and Panchayat Raj. AP Secretadat Buildings, Vela foapudl
Gurus Disirict.

poole

% The Commissioner, Panchayat Rai and Rural Develonment, Tadepalll, Guntur
Cust ot.
3 The Commissioner and Director of Schoo! Education, 4° Finer, &-Blosk,

Bhimeraiu Gutta, [brahirnpainam, Krishna District

4. The Regional Joint Director (RDO), Schoal Education, Kakinaca, East
Gadavar District.

§ The District Educational C ees Krishna District , Mach Hipainam.

& The District Collector, (Panchayal wing), Krishna Neticl, Machiinatnam.

Y. The Chief Execultve officer Fila Parishad, Kri ohne Dist ist, Machitinainam.,

8 The Superintendent Engineer, Panchayat Rai. Vilayawada.

ag. The Mandal Parishad Development Cifioar (MPDO), Chandarlapadu Mandal,
Krishna District.

 ReSspondsnis

Petition under Article 225 8 oF H re Conetiiudion of india is Hed praying that in ihe
slrcurnstances stated in the affidavil Hed therewith, the Hi igh Court rnay be pleased
fo issue a wri, order or directs on more particularly one in the nature of writ of
Mandamus declaring the acfion of the respondents in permitting fo praceaed with the
construction of Rythu Bharosa Center, Grama Sachivalayarn and Skil Development
Canter inc an extent of about Ac.O.42 V4 cents aut of an extent of Ac.4.30 cents |
Sy.No. 2178/1 belonging to Zila Parishad High Schoal (2PHS) of Chandarla road
Vilage and Mandal, Krishna District and alse the action of fhe respordenis in not
acting uponfenforcing the proceedings in Memo No. PST/CPR&RD S20 19, DL 25-08-
2021 of the 2° raspar dent S dire ting not to fake any construction _ the schools
urncennecied fo ds goiviies and proces odin 38 et Lp File Ne ESEQ2. SO/2 75/202 1-

GOSSGR-CSE, Date. d-O7 09/2021 of the respondent no. immaciate stopping of
the construction activity in the sohou! unconnected ip schoo! actlvity and for faking

possession of the such bul idings from fhe respective constructing agencies as the
same is arbitrary, Negal and violative of Article 14 of the Constitution of India and
oO snsequently direct the respondents to hark ndover the above constructions/bulidings
fo the ZP High Schoo! Chandarlapadu Vi lage and Mandal of Krishna District

JANG: 1 OF 2024

Patition under Saction 187 GPC 8 Head PF raying that in the circumstances
stated in the affidavit fied in support of the wrif petifion, the High Court may be
cleased to direct the respondenis No. 3 to 8 fo lake poss sessi on of the sald bulidings
namely Rythu bharosa center, Gramasach! valaym and skill centre {both under

N



if
N
N
x

construction) being unrelated to the schoo! activily by handing aver ihe same io the

ZP High School, Chandriapadu Village and Mandal Krishna District, pending
disposal of WP No.22729 of 2027, on the fie of the High Court,

1A NO: 2 OF 2021

Battion under Section 151 CPC ke fied praying that in the crroumstances
stated in the affidavit fled in support of the writ petition, the High Cour may be
pleased to stay further construction of grama sachivalayarn and skill centre in an
axtent of about Ac.0.42 1¢ cents out of an etent af Ac.4.30 cents in Sy. No.2164
bafonging to Zila Parishad High School PHS) of Chandadapscu Vilage and
Mandal, Krishna District, pending dispasal of WEP Nn 22726 of 2021, on the fie of
the High Court.

The petition coming on for hearing, upan perusing the Pelion and the
affidavit fied in support thereof and the aarier Order of the High Court dated
24 98.2022 made herein and order dated O7.16.2021 made in LA.No.2 of 2021 &
44.93.0092 & 22.12.2022 made herein and upon hearing the arguments of Sri P
Prabhakar Rao, Advocate for the Petitioner, learned GP for Panchayat Raj for ihe
Respondent Nos.1, 2,6 & 8, learned GP for Schoc! Eelucation for Respondent Nos.
tp 8 and of Sri | Kot! Reddy, Standing Counsel for Respondents 7 and 9

WRIT PETITION NO: 23236 OF 2027 -~

Setween:

M Chinnaiah, S/o Venkaiah, aged 41 years, Occ Agriculture, Rio Bynetivaripaiem
vilage, Kavall Mandal, Nellore District

.  Pettioner
AND
4. State of Andhra Pradesh, Rep by is Comrussioner for Panchayath Raj anc
Rural Development, Tadepalli, Guntur District.
The District Collector, Nellore District
The Secretary, Aanemadugu Panchayai, wavali Mandal Nellore District
, Respondents

wn

Petition under Article 228 of the Constitution of india is fied praying that in the
circumstances stated in the affidavit Med therewith, the High Court may be pleased
to jasue writ or order of direction mare so in the nature of Writ of Mandarnus,
declaring the action of the Respondents in undertaking construction of Grama
Sachivalayam (Village Secretariat) in the premises of Aanemadugu Upper Primary
School situated in Sy.No.318 of Aanemadugy village, Kavall Mandal, Nellore District
ag ilegal, arbitrary besides violative af Article 14 and Article 21 A of the Constitution
of india, 1650, and consequently set-aside the same.

iA NO: 1 OF 2021

Patition under Section 151 CPC is Med praying that in the olycursiances
stated in the affidavit fled in support of the writ petition, ihe High Court may be
pleased ta diract the Respondants not ta undertake construction of Grama
Sachivalayam (Village Secretariat) in the premises of Aanemadugu Upper Primary
Schon! situated In Sy.No.318 of Aanemadugu village, Kavali Mandal, Nellore Disirict,
pending disposal of WEPNo 23230 of 2024, on the fle of the High Court



bed

Tre pelitian caming on for hearing, upon perusing the Petiion and the
affidavit fled in support thereof and the order of the High Court, dated 08.10.2024,
2U.O4 2022, 14.12. 2022 & 23 12.2082 made hersin and upon hearing the arguments
of Srp Badrinath Advocate for the Pet loner and GP for Panchayat Rai & Rural
Develooment for the Respondents.

WP. NO: 25733 GF 2024
Setween: ;
1, Gelam Surya Bhaskar Rao, S/o. Nageswara Nao, Aged 41 years, Qeco. Cable
Operator, Ryo. Ponguturu Village, Koyyalagudem Mandal, West Godavari District.
2. Pragada Ramesh, S/o. Satyanarayana, Aged 38 years, Ccc- Tallo oring, Ric,
RPonAguturu Vilage, "oyyalagudem Mandal, West Godavari District.
3. Fragadea Suresh Babu, S/o. Nageswara Rao, Aged 38 years, Occ- Cultivation,
Rip. Panguturu Village, Koyyalagudem Mandal, West Gadavari District

4 Mari Suresh, Sfo. Venkaiah, Aged 36 years, Oce- Cultivation, Ayo. Near

BAP School, Ponguturu Village, Noyyalagudem 'en wal, West Godavari District
Petitioners
AND

j. The State of Andhra races th, Rep. by its Frincipal Secretary fo Government,
Panchayat Raj and Rural Gevelopmeni Depariment, Secretariat, Velagapudi,
Amaravat, Guntur Distr ot

é. The District Collector, (Panchayat Wing), West Godavari Dist ct at Eluru,

3. The [istrict Panchayat Officer, Ela, Vest Godavari District.

4. The Mandal Parishad Devalo ment OMcer, Koyyalagudem Mandal, Weet
Sodavar Netict,
Ponguturu Grama Panchayat, Rep by its Panchyat Secretary cum Executive
Authority, Ponguiuru Vilage, Koyyala age udem Mandal, West Godavari [Hetrict.

& The Tahsidar, Koyyalaguicem Man ndai, West Godavari District

7. The Distnot Educational Officer, Elury, West Godavari District.

Raspandenis

Petition under Article 226 of the Constitution of India is fled praying that in the
circumstances stated in the affidavil filed therewith, the High Court rnay be oleased
fo issue a writ, ardar or direction mriore particularly one in the nature of WRIT of
Mandamus declaring the action of respondents In canternplating to construct Rythu
Sharosa KRendram in the prem ses of High schoal site admeasuring land of Ac. 3.00
cents in Sy. No. 145 of Ponguturu Revenue Vi Hage m Koyyalagudem Mandal of West
Godavarl Distict, as (legal, irregular, irrational, without any authariy of law and
violative of Aricies 14, 21 and 21-4 of Constitution of India, The Andhra Pradesh
Eduaation Act, 1982 and CONSEQUEN ny ¢ ane the respondents not to construct Rythy
Bherosa Kencdram or any other allied buildings on the said school site property,

IANO: 1 OF 2024

Fetition under Section 154 CPG 38 fled praying that in the oroumstance 38
Slated in the affidavit flac! In support of the writ petition, tha High Court may be
sleaced to the respondents not ta construct Rythu Bharosa Kendrarn or any of sther
allied buildings In the premises of High school site admeasuring land of Ac. 2.06
cents in Sy No 745 of Ponguturu Revenue Village in Koyyalagudern Mandal of West
Sodavar Dist ist, pending disposal of WP No 28733 of 2024, on the fle of the High
Court,



tad

The peltion caming on for hearing, upon perusing the Pettion and the
affidavit fled herein and the earlier Orders of the High Court dated 05.77.2021,
20.04.2082, 14.12. 2022 & 22.12.2022 made herein and upon hearing the arguments
of Mis Nimmagadda Revathi Advocate for the Pefifioners, GP for Panchayat Raj for
Respondent Nos.] to 3, Sri) Koti Reddy, Standing Counsel for Re reine No.4,
GP far Revenue for Resoandant No.8, GP for Edusation for Respondent Not)

WP, NO: 26024 OF 2027 0 -~
Between:

TY .Kanamala, Sfo. Yacobu, Aged about 41 years, Occ Private Jab, Rig. ALNG. O%-4
13, Rabadipaiem, Ongele, Frakasam Distnct

.Petlionar
AND

1, The State of Andhra Pradesh, Rep. by iis Principal Secretary, Panchayat Ral
and Rural Develapment Department, Secretariat Bullding, Velagapudi, Thullur
Mandal, Guntur District

2. The Comrrissioner, and Clrector of Schoo! Education, lbrahimpatram,
Vilayawada,

3. The District Collector, (PR and RD), Prakasam District, Ongole.

4. The Oistrict Eduostinn Officer, Prakasam Districl, Ongois.

& The Distict Panchayat Officer, Prakasam District, Gngole

6. The Zila Parishad, Frakasarn District, Ongole, rep. by ds Chie! Executive

OWicer.

7. The Tahsidar, Korisapadu Mandal, Prakasam District.

§ The Madal Parishad | Javalonment OWicer, Koriszapadu Mandal, Prakasam
District

8. The Racahpudi Gram Panchayat, Rachapudi Vilage, Korisapadu Manda
Prakasam District, rep. by dis Secretary.

{0 The Mandal Praie Parishad Primary School, Rachapudi Vilage, Korsapadu
Marvial, Prakasam District, rap. by is Nead Master.

11. The Commissioner, Panchayat Raj and Rural Development, Tacepaile,
Suntru District

omespondents

Pettion under Al Hick 228 of the Constitution of India is fled praying thaiin the
clrournstances sfaied in the affidavit fled therewith. the High Caurt may be piaasad
fo issue a Writ, Order ar direction more particularly one In the nature of a Writ of
Mandamus declaring the action of ihe Respondents in constructing Vilage
Secretariat in the site of Mandal Praja Parishad Primary School of Rachapudl
Vilage, Korisapadu Mandal, Prakasam Disirict, without maintaining seraniy anc
academic atmosphere where oe aged children purse thelr education as being
ilagal, irregular, contrary to A.P. Education Act anki Rules framed there under and
violation of Aricles 14. 79, a and 21-4 of Constitution of India and consequently
direct the Raspoa andents io handover the under construction building te the Mandal
Praja Parishad Primary School of Rachapudi Vilage, Korisapadu Mandal, Prakasam
Distret, far us wilfization


IA NO: 1 OF 202"

Rention under Section 10% PC is fled graying that in the droumstances
stated in the affidavit fled in aupport oft the wrk patton. the High Court may ne

sehoot jand of Mandal Praja Panshad Primary Sohoal of Ra achapudi Vilage,

Korisapadu Mandal, Prakasam District, pending disposal of the Wit Petition
No 28021 of BOZ1, an the fle of He High Cour,

x

pleased i te direct the Respondents not to undertake any activity of Got neiruction in the
mm

The oalition caming on for Rearing, upon perusing fhe Petition and the
affidavit f flee in supa there! and the earlier Orde of the High Court, dat oe
18.47.2024, 21.06. 2022, 44 AZ2ZOR2 & Be 3 22 Me ge here in cand upon aed ing

: et

the sauments nf Sri Goddindla Uday

Po3
i.
SS
nt RNS
i)

and of GP for Panchayat Rai far the Respondent Nos. 4,88 4, GF > for Schon!
Education for Respondent Nass 4& 10, GP for Revenue for Respondent tNos.d & Ff
ad Sn ¥ Vined K Raday, Standin q Counsel | foy Respondent Nos.8, 889
WRIT PETITION NO: 28760 OF SOR)
Seheen:
1. Sangeepu Gopi, S/o. Lakshmingrayana, AGS 38 years, Gan Culfivalian,
Rio Garapadu Vilage. Pes aku eagadu Mandal, Guntur District.
> Noorbhasha Jan Saidu Sig Adamshafi, Age Sf years, Oce Culhyauor
Rio. HNo. 4-50, ise arapadu V VA la y ie, Pedakurapadu Marval, Guntur Uistrict.

. Petitioners

4. ¥ ne Siate of Andhra Pradesh, Reo by is Principal S oratary, Panchayat {Rai
ant : Rural Development Departrient, Secretar iat, Ve olaganu di, Arsaravalht

> The District Collectar, Gurvtut Cistrat, ae

3, The District Panchayat Lomas, Gun f

& os rata 3

8

District Edusational © o
ha Mandal Educational Of
Guntiy District
& The Tahsidar, Pedakurs spadiu Mandal, F ecakure rapadu, Guntur District
ine Mandal Parishad Devaiopment} OWieer, Pedakurapadu Mandal,
Padakurapadu, Guntur District
8, The Extension Officer, Fanchayal Raj Rural Geavelopment, Pedakurapadu
Mandal, Pedakurspady, Guntur D joirick
9. The Executive Engineer, PR Div iginn Guntur Cluster, Guntur
49. The Asgistant Executive Engineer, PRD AIGION, Padakurapadu, Guntur
Dustrant
14. Garapadu Gram Panchayat Saranpadu, Pedakurapadu Mandal, Guntur
Mistrict, Rep by Hs Secretary.

Fae
Th +L Pedakurapadu,

rE:

. Respandants

Petition under Article 228 of the Constitution af incis is 18 bec praying that in the
cireumefances stated in the affidavit Sled therewith, the High Court may be pisased
ts Jague an aoprapriate order oF direction more o& articulal ty, oe in the nature of Wri
of Mandamus declaring the action oF Ro FESPONE in resorting to construct Vilage

Secretariat, Rytu Bharasa and Y8R G it 18 in ine fand af Mandal Parishad
Brimary School situated in RG. S3-A of Sars sadu Vilage, Pedakurs apanu Mandal,
Quntur Distdet as Wegal arbivary. age inet to the orinelples of natural } ustics apart



from being violative of Article 21-A of the Ceanstitution of india and consequantally
direct the respondents not to ulfize the constructians mace in the land of Mandal
Parishad Primary School situated 8.5. 03-4 of Garapadu Vilage. Pedakurapadu
Mandal, Guntur District for any other purpose uncannected fo the school aciivily in
the interest of justice.

IANO: 1 OF 202%

Petition under Section 181 CPC is filed praying that in the circumstances
stated in the affidavit fied in support of the writ petition, the High Court may be
pleased to direct the respondents ta slop ali activities, in pursuance of the
consiructions made in Mandal Parishad Primary School premises situated in RS.
93-A of Garapacu Village of Pedakurspacu Mandal of Guntur Cistrict, including
utilization of the same for the purpose unconnected to the schoo activides. and
release of payments, pending dispasal of W.P.No. 28780 of 2621, on the file of the
High Gourk

The petition coming on for hearing, upon perusing the Petdion and the
affidavit fled in support thereof and the earlier Order of the High Caurt. dated
24.06.2022, 14.12. 2022 & 22.12.2022 made herein and upor hearing the arquireris
of Sh Kambhampatl Ramesh Babu, Advocate for the Petitioner, GP for Panchayat
Raj for the Respondent Nos.1, 3, 8 te 10, GP for Revenue for Respondent Nos.2 &
8, GP for Education for Respondent Nos.4 & §, Srl Kot Reddy, Standing Counsel
for Respondent Nos.? & 77) 7

WP NO: 30794 OF 2024

Between:

Ganesh Madheva Rac, Sio.Kotaiah, Aged about 62 years, Ges. Ex- Sarpanch,
Rio. Garanadu Village, Pedakurapadu Mandal, Guntur istrict.

. Petitioner
AND
4. The State of Andhra Pradesh, Rep. by Its Principal Secrefary, Panchayat Raj
Department, Secretarial, Velagapudi, Amaravall, Guntur Destrict.
2. The District Collector (Panchayat Raj), Guntur District, Guntur.
3 The Olstrict Panchayat Officer, Guntur Distrot, Guntur,
4 The Extension Offioer, Panchayat Raj and Rural Development, Padaxurapadu
Mandal, Suntur District.
5 The Manda! Praiaparishad Development Officer, Pedakurapadu Mandal,
Santhamaguiur, Guntur Disirict,
§. The ¥YelchuruGramapanchayat, Rep. its Secretary, Garapadu Village.
Pedgkurapadu Mandal, Guntur Distinct.
7 Sri Vivek Yadav, District Collector, Panchayat Raj, Guntur District.
@. Sr. B. Kasay, District Panchayat Officer, Guntur District,
§. Sr. G. Mutyam Babu, Executive Engineer, Panchayat Raj and Rural
Development, Padakurapadu Mandal Guntur District.
40. 8miM. Nimaia Lakshmi Kumari, Extension Officer, Panchayat Raj and Rural
Development, Pedakurapadu Mandal, Guntur District.
44.Sr, Salivendra Rajesh, Mandal Prajaparishad Development Officer,
Pedakurapadu Mandal, Guntur District.
43. Sri. P.Ganga Naik, DEPAD, Padakurapadu Mandal, Santhameduluru, Guntur
DHstrict. :


3.57. Meda Ramana, Sarpanch, Yelchuru Gramapanchayat, Garapadu Village
Guntur District.

{RR ? to 13 are impleaded as per CO. gL 07/04/2022 in IA.No 1/2022}
Respondents

Petition under Adicie 225 of the Constitution of india is fled praying that in the
circumstances stated in the affidavit Hied therewith, the High Court may be pleased
fo issue a writor order more particularly ane in the nature of Writ af Mandainus ar an

apprapriate VWril or arder declaring the action of the Respandents in not releasing an
amount © of Rs.35, 80,800! towards the works executed in Garapadu Vilage and

Gram Panchayat, Guntur District without any reason as Hegel, arbitrary, without
radiction, unconstitutional and violation of princigies of matural justice and
consequently direct the Respondents to release fhe said arnount forthwith along with
2% interest til from the date of due ti realization,

iA NG 1 OF 2021
Petition under Section 187 CPC is fled praying that in the cicurnstances
stated in the affidavit filed in support of the wri pefiion, fhe High Court may be
oinasad to direct the Re spondents fo reigase fhe amount of As.35.00 000). towards
the works Gxeeuted in Garagadu ~ lage and Gram Panchayat, Guntur Distrat
forthwi th atong with 12% interest Ub fro: m the date af wet . realization, sending
dissosal ae WP No 20794 of 2027, an the fhe of the High Co

The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereo? and the earlier Grders of the High Court dated
O7 04 2022, 04.05.2022, 2106. 20228, 14.12.28 2922 & 22.12 2082 made herein and
upon hearnng the arguments of Sr.P.S.F Suresh Rurmar, Advocate for the Petitioner,

3P for Panchayat Rai & Rural Development for the Respondents 2 to 4 and of Sr J
Kot Reddy, Standing Counsel for Reaspundent Nos.4 & 6. .

WRIT PETITION NO: 23443 OF 2020 0 <-~

Behweer:

M.Lakshman, S/o Goral, Age 42 Ysars, Gridhari Exenutive Park, Peram Chena,
Bandlaguda Jageer, Hyderabad. 580088

Rotem
. Patidianer
AND
J. The State of Andhra Pradesh, rep by tis Secretary, Panchayat Ra; Secretariat
Armaravaih Guntur

2. ihe Comrussioner, State of Andhra Pradesh, Panchayat Ral Department,
Fadanalll, Amaeravathi.

a. the District Co Hector, & RS & Nellore District

4 The District Educational On iver S PS Netiore District, ALP.

5. The Deputy Director, Depar ment of Agriculture S P S Nebore istrict, ALP

& The District Medical and Health Officer, S FS Nellore Oistrict, AP,

7. The Project Director, Sarvagiksha Abhiyan, S P S Nellore Distict, A, P.,

8 Head Master, MPP. Schon! Kotapaluru vilage, Sullur Pet Mandal, § PS

Nelfore District AP.
. Respandents


Patiion under Article 226 of the Constitution of india praying thal in t
circumstances stated in the affidavit fled therewith, the High Gourt may be sleased
to issue any writ, order or direction particularly, more one in the nature of WRIT OF
MANDAMUS declaring the proceedings vide in B.C. No. AEESAVSB WE, REK/ZD 19,
dated 06.07.2019 of the 3° Respondent wherein, grant of Administrative sanction
with regard to construction of Grama Sachivalayam (Vilage secretariat) Building
including Additional accammaciation for agrinuttural and health department staff, anc
fsadawn with an estimation of Rs.40 lakhs In Kotapoluru-d, in serial number 129 in
Kotapoluru vilage, Sullur Pet Mandal, SPSR Nellore District, is egal, arbitrary, and
Violation of fundamental nghts under Articlas 14 and 21 and beside the violation of
the principles of natural justice, and consequently to set aside the proceedings vide
in RG NoAEBSVSS WC, REK/2019. dated 06.07.2019 of the 3rd Respondent,

IANO: 1 OF 2020

Petition under Seation 161 CPC is fled praying that in the circurnstances
stated in the alfidavil fled in support of the writ petition, the High Court may be
pleased to direct the respondenis not to undertake any activity of the congtructian af
Grama  Sachivalayam (Village secretariat) Building Including Adelitional
accommodation for agricultural and health department staff. and Godoewn. in
Kotapoluru vilage, Sullur Pet Mandal, SPSR Nelinre Districat, mentioned as serial
Number 729 in the impugned proceedings vide in R.C.No AEEQVSRIWC,
RBA/ZO19, dated 08.07.2019, pending disposal of WP.No.23443 of 2626, on the fle
af the High Court.

The petition caming on far hearing. upen perusing the Petition and the

affidavit fled in support thereof and the order of the High Court order dated
O3.07 2021, 12.07.2027, 20.04.2022, 14.42.8022 & 22.12.2022 made herein and
upon Aearing the arguments of Srv V Lakshmi Narayana, Advocate for the
Petitioner, GP for Panchayat Raj for Respondent Nos.1 & 2, GP for Revenue for

Respondent No.3, isared GP for Education of Respondent Nos.4 & 7, isarned GP

far Agriculture for Respondent No.S, learned GF for Medical and Health for
Respondent No.6, the Court made the following. <7

ORDER:

"Heard learned counsel for the petitioners and learned Advocate General for the State appearing for the respondents. Heard Sri K.S.Murthy, learned Senior Counsel! and isarned Amicus Curie.

_ This Court perused the note placed by the learned Amicus Curie, in the said note, ft is mentioned that if the Court directs the demolition of these structures, which are made contrary to the directions of this Court, i will be painted as wastage of public money in this fund starved state. _ When this Court sought clarification about the public maney ullliged for these constructions, the learned Advocates General submitted thet under the Astually, under MGNRE scheme, the Central Government will grant 76% funda and the State Government has fo contribute 28% funds. &s per the alr and object of the MGNRE scheme, the constructions or works or achemes pertaining to rural area have te be undertaken, Now aa per the stand of the State Government in WP.No 10903 of 202i, the Village Secretariats are not part of the Grama Panchayat and if is an extended arm of the State Government.

Under these clrcumatances, if has to be examined whether the MGNRE funds san be utilized for construction of Vilage Secretariate, Rathu Bharosa Kendras and Wellness centers and the State Government had obtained any special permission from the Government of India to utilize the MGNRE funds for construction of the Vilage Secretariats, Raithu Bharosa Kendras and Wellness canters.

Yo clarify afl these things, this Court opines that the affidavit of the Union of india is required.

Accordingly, the Secretary, Ministry of Rural Development, Government of india, Krishi Bhavan, Or. Rajendra Prasad Road, New Delhi is impleaded as respondent No.?, in WO No 138338 of 2o84, Registry Is directed to isaus urgent notice to the 7 raspandent by RPAD and E-mail to enable them te file their affidavit by next date of hearing. Post on 29.02.2033."

Sain MM. SRINIVAS

- ASSISTANT REGIST RAR ATRUE COPY! fe For. SECTION OFFICER eonl B > The The Secretary, Ministry of Rural Development, Government of india. Krishna Shavan, Dr. Nalendra Prasad Road, New ODeth i{by E-mail} One CC ta Sri No Narinath, Deputy Solicitor General {by Special Messenger) One CC to Sri, U Ramanianeyulu, Advocate POPU} One CC to Sri Ke ishna Rao M, Advocate POPUCH One CC to Ms. O Jhansi Rani, Advocate FOPUCI One CC to Si PS P Suresh Rurmar, Advecate POPUCT Une CC te Sri ) Kambhampati Ramesh Sabu, Advacate (OPUC) One CG fo Sr. Gaddingdia Uday Prakash Re sddy, Advonate f[OPUQ} One CC t to Mis Nimmagadda Revathi Advocate [OPUC] 1 Gre (0 tp 2 SF P Prabhaker Rao, Adyocaie [OPUC] 1 One GO to Sr. Ghantasala Udaya Bhaskar, Advoceia [OPUO) V2. One OC to Sr. Bokka Satyanarayana, Advocate POPUC) "OO & bo wh 8 OD aR 19 43, One CC to Si i Kot Raddy, Standing Soungal (OPUC} 44.0ne CC to SnvV Vinod K Reddy, Standhg Peursel fOPUC] 45 One CC to Sri Ravi Taja Padin, Signing Counss! FQPUC]

48. One CG io Sri Srinivasa Rao Nara, Advooaie fOPUCI

47. Two COs te GP for Ravenue, High Coun of Andhra Pradesh. (OUT) 48, Two COs to GP for Education, High Court af Andhra Pradesh AOU!

49. Two OCs to GP for Schaoi Education, High Court of AP [OLT) 39, Two GCs to GP fer Panchyat Raj & Rural Develapment, High Court of APLOUT] 34 Two COs to GP for Social Welfare, High Cour of AP [QUT] 29 Two COs to GP fac Women Development High Court of AP fOUTy 23 Two OCs ta GP for Municipal Administration & Urban neveiopment, High Court of AP [OUT] 24 Two CCs to GP for eneral Administration, High Court of AP [OUT] 58 Cne CC to Sri Srinivas Murthy Kondalk.S.Munhy), Senior Advacate (GPUC)

36. Two CCs io The Advocate General, High Court of AP. (OUT) HESH COURT DEY J DATED: 14.02.2023 ORDER POST ON 28.02.2023 WLP Nos. 13933, 10805, 12537, 16534, 49983, (987G, PISS, 2AT2VH, {3Z30, 28733, S824, 28TRO, F794 of 2027 & 29443 of 2020, DIRECTION