G.Gopinadh Chowdary, vs State Of Andhra Pradesh,
2021 Latest Caselaw 578 AP

Citation : 2021 Latest Caselaw 578 AP
Judgement Date : 3 February, 2021

Andhra Pradesh High Court - Amravati

G.Gopinadh Chowdary, vs State Of Andhra Pradesh, on 3 February, 2021

Bench: D.V.S.S.Somayajulu

 

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
WEDNESDAY, THE THIRD DAY OF FEBRUARY
TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU
IA No. 1 OF 2021
IN
WP NO: 2539 OF 2021
Between:

G. Gopinadh Chowdary, S/o G.Krishnama Naidu, aged about 54 years, r/o D.No.2-47,
Near Bus Stand, Penumur Post and Mandal, Chittoor District - 517 126 -
...Petitioner
(Petitioner in WP 2539 OF 2021
on the file of High Court)
AND
1. State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and
Rural Development Department, Block No.5, A.P.Secretariat, Velagapudi,
Amaravati - 522 238.
2. The District Collector, Office of the District Collector, New Collectorate Complex,
Chittoor - 517 002
3. The Commissioner, Panchayat Raj and Rural Development, No.12-47,
P.V.S.Empire, Near Pratur Cross Road, Tadepaili, Guntur District - 522 501
4. The District Panchayat Officer, Chitoor District, Old Collectorate Complex,
Chittoor - 517 001
5. The Penumur Gram Panchayat, Rep by its Secretary, Penumur Village, Post and
Mandal, Chittoor District - 517 126
...Respondents
(Respondents in-do-)

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 stay the
construction of building and / or any construction over 20 feet public road in
~ Sy.No.482/2 and in between Sy.Nos.482 and 483 of Penumuru Village and Mandal,
Chittoor District, pending disposal of WP No.2539 of 2021, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of M/S S PRANATHI Advocate
for the Petitioner and of GP FOR PANCHAYAT RAJ for the Respondent Nos.1 to 4, and
SRI V.Vinod K.Reddy, Advocate for 5 respondent, the Court made the following
ORDER:

"Heard learned counsel for the petitioner, learned Assistant Government Pleader for Panchayat Raj and Sri V.Vinod K.Reddy, learned counsel appearing for the 5" respondent.

The petitioner's contention is that 20 feet road which has been existing since long has been occupied and a bus shelter is being constructed thereon. Relying on Full Court Judgment of Andhra Pradesh High Court, the learned counsel contends that the public streets cannot be occupied, as reported in 1988 SCC Online AP 79. She also states that the relevant Provisions of the Panchayat . Act prohibits the same.

Sri V Vinod K Reddy, who has obtained written instructions categorically asserts that there is no sub division of the Sy.No.482/2 in addition, he also states on instructions that 20 feet road is existing and the construction is not being made in the 20 feet road.

Learned counsel for the petitioner in rejoinder states that the road is in Sy.No.481/1.

In view of this diametrically opposite stands and as the photographs that are filed shows that some activity is being carried on without clearly demarcating the existence of the 20 feet road, this Court is of the opinion that the 5 respondent should be directed to take measurements of the property, particularly

fo.

he area where the road is being constructed along with the revenue records and submit actual report to this Court. He should give a notice to the petitioner and the petitioner is also directed to be present when the same is being carried on. The report should be filed on or before 47.02.2021. It is made clear that further orders will be passed depending on this report. ne

To,

Oo ONO

| Sd/-G.SrinivasaReddy

| ASSISTANT REGISTRAF | SECTION OFFICER |

[TRUE COPY// Lee For ASSISTANT REGISTRAR

Post on 17.02.2021".

_ The Principal Secretary, Panchayat Raj and Rural Development Department,

State of Andhra Pradesh, Block No.5, A.P.Secretariat, Velagapudi, Amaravati - 522 238.

The District Collector, Office of the District Collector, New Collectorate Complex, Chittoor - 517 002

The Commissioner, Panchayat Raj and Rural Development, No.12-47, P.V.S.Empire, Near Pratur Cross Road, Tadepalli, Guntur District - 522 501

The District Panchayat Officer, Chitoor District, Old Collectorate Complex, Chittoor - 517 001

The Penumur Gram Panchayat, Rep by its Secretary, Penumur Village, Post and Mandal, Chittoor District - 517 126 (Addresses 1 to 5 by RPAD)