WRIT PETITION 11677 of 2025 on 29 October 2011

1. TAMMANA RAVI KUMAR, S/0. BULLABBAI, AGED 49 YEARS,[R/0.]RAJAJI NAGAR, SUBRAMANYA NAGAR, NO.3750, 4A MAIN ROAD,B-BLOCK, BENGALURE, STATE OF KARNATAKA.RAJAJI NAGAR, SUBRAMANYA NAGAR, NO.3750, 4A MAIN ROAD,B-BLOCK, BENGALURE, STATE OF KARNATAKA.

...PETITIONER

AND

1. THESTATEOFANDHRAPRADESH,REPRESENTEDBYITSPRINCIPALSECRETARY(PANCHAYATRAJDEPARTMENT),SECRETARIAT BUILDINGS AT VELAGAPUDI,GUNTUR DISTRICT,ANDHRA PRADESH.PRINCIPALSECRETARY(PANCHAYATRAJDEPARTMENT),SECRETARIAT BUILDINGS AT VELAGAPUDI,GUNTUR DISTRICT,ANDHRA PRADESH.

2. THEREGIONALDEPUTYDIRECTOROFTOWNANDCOUNTRYPLANNING,D.NO.85-7-20/1C,V.L.PURAM,RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT,ANDHRAPRADESH.COUNTRYPLANNING,D.NO.85-7-20/1C,V.L.PURAM,RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT,ANDHRAPRADESH.

3. THE DISTRICT TOWN AND COUNTRY PLANNING OFFICER, EASTGODAVARI DISTRICT, ANDHRA PRADESH.GODAVARI DISTRICT, ANDHRA PRADESH.

4. THECOLLECTOR,EASTGODAVARIDISTRICTATRAJAMAHENDRAVARAM,EASTGODAVARIDISTRICT, ANDHRAPRADESH.RAJAMAHENDRAVARAM,EASTGODAVARIDISTRICT, ANDHRAPRADESH.

5. THE DISTRICT PANCHAYAT OFFICER, EAST GODAVARI DISTRICTATRAJAMAHENDRAVARAM,EASTGODAVARIDISTRICT,ATRAJAMAHENDRAVARAM,EASTGODAVARIDISTRICT, ANDHRA PRADESH.

6. THE MANDAL REVENUE OFFICER, RAJANAGARAM MANDAL, EASTGODAVARI DISTRICT, ANDHRA PRADESH.GODAVARI DISTRICT, ANDHRA PRADESH.

7. THERAJANAGARAMGRAMPANCHAYAT,RAJANAGARAMMANDAL,EASTGODAVARIDISTRICT,ANDHRAPRADESH.REPRESENTED BY ITS PANCHAYAT SECRETARY.MANDAL,EASTGODAVARIDISTRICT,ANDHRAPRADESH.REPRESENTED BY ITS PANCHAYAT SECRETARY.

8. DULAMRAMACHANDRARAOCHINNA,S/0.VENKATARAYUDU,AGEDMAJOR,R/0.D.NO.4-11,SANAVARISTREET,RAJANAGARAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH.AGEDMAJOR,R/0.D.NO.4-11,SANAVARISTREET,RAJANAGARAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH.9.KOLLI NAGESWARARAO, S/0. BUTCHAYYA, AGED MAJOR, R/0.D.NO.5-30,GANDHIBOMMACENTRE,RAJANAGARAM,EASTGODAVARI DISTRICT, ANDHRA PRADESH.D.NO.5-30,GANDHIBOMMACENTRE,RAJANAGARAM,EASTGODAVARI DISTRICT, ANDHRA PRADESH.

Counsel for the Petitioner:

...RESPONDENT(S):

1. VSAI KUMAR

Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. GP FOR REVENUE

3. GP MUNCIPAL ADMN AND URBAN DEV AP

The Court made the following:

ORAL ORDER:

Heard Sri P. Chethan, learned Counsel appearing onbehalf ofSriV. Sai Kumar, learned Counsel for the Writ Petitioner, Sri V. Sai Kiran, learnedCounsel appearing on behalf of Sri Y. Koteswara Rao, learned StandingCounsel for Gram Panchayat and Sri Panku Rajesh Kumar, learned AssistantGovernment Pleader for Panchayat Raj & Rural Development and Sri SrinuBabu,learned Assistant Government Pleader appearingfor RespondentNos.2 to 3.

Conclusion

“...pleasedtoissueaWritorOrderorDirectionmoreparticularly one in the nature of Writ of Mandamus declaring theactionof the respondents more particularly the respondents 3, 4,6 and 7 in nottaking action against the respondents[8][ and]9herein in deviating theapproved layout in C.No.1381/2011/R1confirmed in LP No.112/2011/Rdated 29.10.2011 by convertingthe space allotted for communal purpose intoplots by forming abund from East to West for their personal benefit byviolating theconditions of the layout permission as illegal, arbitrary[and][ also]opposetoallcannonsof justiceconsequentiallydirecttherespondents 3,4,6and 7 herein to take stringent action againstthe respondents 8 and 9 hereinin deviating the approved layoutinC.No.138172011/R1confirmedinLPNo.112/2011/Rdated29.10.2011by consideringthe representationof the petitionerdated 14.03.2025 forthwith...”

3. Sri V. Sai Kiran, learned Counsel, has drawn the attention to para 11 ofthe Affidavit filed in support of the Writ Petition indicating that the Suit filed bythe Respondent No.9 bearing O.S.No.88 of 2019 on the[file][ of][ the][ Additional]Senior Civil Judge, Rajahmundry was decreed in favour of the RespondentNo.9.the Affidavit filed in support of the Writ Petition indicating that the Suit filed bythe Respondent No.9 bearing O.S.No.88 of 2019 on the[file][ of][ the][ Additional]Senior Civil Judge, Rajahmundry was decreed in favour of the RespondentNo.9.

4. SriV.SaiKiran,learnedCounselwouldalsosubmitthattheRespondent No.9 has filed Execution Petition in E.P.No.78[of][ 2024][ on][ the][ file]of Principal Senior Civil Judge Court, Rajamahendravaram[and][ that][ the][ E.P.]was also ordered. Although the Writ Petitioner has filed a copy of the legalNotice dated24.03.2025,the averments withregardto the decreeingofO.S.No.88of 2019infavourof RespondentNo.9anddisposaloftheE.P.No.78 of 2024 in favour of Respondent No.9 are blissfully absent in theAffidavit filed in support of this Writ Petition.Respondent No.9 has filed Execution Petition in E.P.No.78[of][ 2024][ on][ the][ file]of Principal Senior Civil Judge Court, Rajamahendravaram[and][ that][ the][ E.P.]was also ordered. Although the Writ Petitioner has filed a copy of the legalNotice dated24.03.2025,the averments withregardto the decreeingofO.S.No.88of 2019infavourof RespondentNo.9anddisposaloftheE.P.No.78 of 2024 in favour of Respondent No.9 are blissfully absent in theAffidavit filed in support of this Writ Petition.

5. This is a typical case of Suppressio veri; suggestio falsi: Suppression ofa material document or a material fact suggest^ falsehood.a material document or a material fact suggest^ falsehood.

6. The Proceedings with regard to the Suit as well as the E.P. are materialfacts. The outcomein the said litigationis against the Writ Petitioner andtherefore the material facts are deliberately suppressed by the Writ Petitioner.7.In this view of the matter, this Courtis not inclined to entertain thepresent Writ Petition.

8. Accordingly, the Writ Petition is dismissed not only for being devoid ofmerit but also on account of abuse of process. No order as to costs.merit but also on account of abuse of process. No order as to costs.

9. Interlocutory Applications, if any, stand closed in terms of this order.

//TRUE COPY//

Sd/- SHAIK MOHD. RAFIASSISTANT REGI^AR

SECT ON OFFICER

To,

1. One CC to Sri V. Sai Kumar, Advocate [OPUC]

2. One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP[&] GramPanchayat[OPUC]Panchayat[OPUC]

3. Two CCs to GP for Papchayat Raj & Rural Development, High Court ofAndhra Pradesh. [OUT]Andhra Pradesh. [OUT]

4. Two CCs to GP for Municipal Administration and Urban Development,High Court of Andhra Pradesh. [OUT]High Court of Andhra Pradesh. [OUT]

5. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]

6. Three CD Copies.

ssb

HIGH COURT

DATED:05/05/2025

ORDER

WP.No.11677 of 2025

DISMISSING THE W.P. WITHOUT COSTS