Roc.No.

E4le- La454OL | 2021 West Godavari Collectorate,

Eluru, Dated:+ 05.2O2t .

From: To
Kartikeya Misra, I.A.S., The Tahsildar,
Collector & District Magistrate, Penugonda.
West Godavari, Eluru.

Sir,

Sub:- W.P.No.6lla/2027- Kor"vur Division- Penugonda (M) - Venkata-

rarnapurarn (V) - appointing of Sri V.Sai Kumar as Advocate
Commissioner to probe with the matter as the a-llegations made
by the petitioners - Reg.
Ref:- Reptn. of Sri U.Lakshmi Kantha Rao and 3 others.

I invite attention to the reference cited, wherein Sri U.Lalshmi Kantha

Rao and 3 others of Venkatarampuram (V) have put in a representation stating
that the Hon'ble High Court in its orders dtt27.O4.2O2t in W.p.No.6118/2O2t,
appointed Sri V.Sai Kumar, as Advocate Commissioner to note down the
physical features of the land where the Village Secretariat Building is proposed
to be constructed in an extent of Ac.O. 16 Cts in R.S.No.26,26/S of
Venkataramapuram (V) of Penugonda (M) and to submit report, whether the
said building is being constructed in the said tank known as "Uppara Tank" or
not or whether it is being constructed in the Gramalantam lald.

In view of the above, a copy of the Honble High Court Orders in

W.P.No.6l 18/2027 a:.e herewith enclosed for taking necessary action in the
matter.
Encls: As above
Yours fdfhtu v.
fr1,J
-i)2,
F.. cofi?J;,
West Godavari, Eluru.

Yq*d %v,
copy to the Revenue Divisional officei, Kowur for information and necessar5r
action-
CCLLECTORS TAPPAL
Regd.itJn Regd.No:-
.s
'b 3 tota'r2s21

To be ci;.cui:lecTllfoBistrict
co ector,
^ ^,r:l,.kS

West odavari District. A.P. D w

Sit,

We, the under signed filed l.A.No.1 oi 2027 in LA.No.2 of ZO2lin

W.P.No.5118 of 2O2L on the file of Hcn'ble High Court of Andhra pradesh at

Amaravathi. The above W.P. came for Admission before Hon'ble Sri Justice

Cheekati Manavendranath Roy garu on ?7/4/202!.The Hon'ble Court passed

orders after hearing the bothside counsels,

ln l.A.No.2 of 2027 in W.P.No.6118 o', 2021. therein directed to appoint Sri V,

Sai Kumar, Advocate as Advocate Commissioner to note down the physicill

features of the land, where the said Buirding for Village secretariat is proproseri

to be constructed and to subn it leport, whether the said Building is being

constructed in the said tank knor,vn as "tJppara Tank" or- not or whether it is

being constructed in the Gramakantam iand.

ln l.A.No.1 of 2021, in W.P.No.6118 of 2021. therein directed the

Respondents not to proceed with any further construction of the Building for

Village Secretariat in the land covered by Survey No.26, and 26/5 situate in

Venkatramapuram (V), Penugonda (M), West Godavari District till the next

date of hearing.

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 We herewith enclose the Hon'ble High Court orders in l.A.No.1 of 2021-in

l.A.No.2 of 2O2L in W.P.No.6118 of 2021- for your kind consideration and to

take appropriate action as per the orders of Hon'ble High Court of A.p. at

Amaravathi.

Thanking you sir,

Yours sincerely,

Venkatramapuram (V),

Date:3-5-2021. 1)(UPPALAPAT't LAKSHM I KANTLu

RAO}
U.r-l<^,,lfia R a.,<r
2) (GUTTU LA SATYANARAYAT\A)

tl/4u dtst-zasz/'>
"
3) (TANETt CHTNNA BULLATAH)

zJ;r-- BrZAL
4) (ROKKALA NARAStMHA
SWAMY)
d?Lo3 d*
All are residents of
oG)r}at-
Venkatramapuram (V), penugcnd,r
(M), West Godavari District.

Encl: 1) Order copies of t.A.No.1/2021, in l.A.No.2/202L

ln W.P.No.6118 of 2021,.

Copies submitted to:-

c <r*td - :
 _3_
1) The District Panchayati Officer, Sanivarapupet, Eluru, West Godavari Distric,.

2) The Divisional Panchayati Officer, Kovvur, West Godavari District.

3) The Revenue Divisional Officer, Kowur, West Godavari District.

4) The Tashildar, Penugonda (M), West Godavari District.

5) The Mandala Parishad Development Officer, Penugonda (M), penugonda,

West Godavari Dist.

6) The Village Secretary, Venkatramapuram Gram Panchayati,

Venkatramapuram (V), Penugonda (M), West Godavari District.

7) Village Revenue Officer, Venkatramapuram Revenue village,

Venkatramapuram (V), Penugonda (M), West Godavari District.

8) Executive Engineer, Panchayat Raj Department (P.R.l. Division),

Narasapuram, Narasapuram (M), West Godavari District.
 a

IN THE HIGH COURT OT'ANDHRA PRADESH AT AMARAVATI

'I'UESDAY. THE ]'WENI'Y SEVENTH DAY OF
APRIL, \\.
TWO TIIOUSAND AND'|WENTY ONl] \
:PRESINT:
THE HONOURABLE SIU.IUSTICE CHEEKATI MANAVBNDRANATH IIOY

IA No. 2 OF 2021
IN
wP No: 6l l8 oF 2o2l
Between:
l. Uppalapati L-akslmi Kantha Rao,, S/o. Prasada Rao, Hindu, Male, aged.38 years, Occ.
- Agriculture,
2.
R/o.D.No.28, Venkatramapuram, Penugonda (M), West G-odavariDistrict.
Guttula SatyzryI?ya_na,, S/o. Katam Rtju, Hindu, Male, aged.63 years, Occ. Agriculture,
PJo.D.No.l/85, Venkarramapuram (V), Penugonda (M), West Godavari Districtl
3. Taneti Chirura Bullaiah, S/o. Williams, Hindu, Male, aged.36 years, Occ. Agriculture,
Plo.D.No3-76, Venkatramaapuram, Penugonda (M) West Godaviri District.
4. Rokkala Narasimha Swmay,, S/o. Subba Rao, aged.35 years, R/o.D.No.l-34,
Mallapudibba, H/o. Venkatrampuram(V). P*uugonda (M), West Gbdavari Disrrict.
...Petitioners

AND
L State of Andha Pradesh, rep. by its Principai Secrerary to Govemment, (parichayat Raj
Department) A.P. Secretariat, Velagapudi, Amarathi, Guntur District.
2 The District Collector,, Eluru. West Godavari District.
3 The Dstrict Panchayati Officer,, Sanivaraupet. Eluru. West Godavari District.
4 The Divisional Panchayati Offlcer,, Kovvui. West Godavari District.
5 The Revenue Divisional Officer,, Kovvur. West Godavari District.
6 The Tashildar,, Penugonda (M), Penugonda. West Godavari District.
7 Mandala Parishad Development OfficCr,. Pdnugonda (M), Penugonda. West Cc.,davari
District.
8. Village Secretary,. Venkatramapuram Granr Panchayati, Venkatrarnapurarn (V).
Penugonda (M), West Godavari District.
9. Village Revenue Ofticer,, Venkatramapuram Revenue Vitlage, Venkatrarnapurarn (V),
Penugonda (M), West Godavari District.
10. Executive Engineer,, Panchayat Raj Deparrrnent(P.R.l. Division), Narasapuram,
Narasapuram (M), West Godavari District.
...Respondents

Petition under Section l5l CPC praying that in the circumstances stated in the aftidavit
filed in support of the petition, the High Coun may be pleased to appoint Advocare
commissioner to inspect the existing Vadakam Cheruvu/Uppara Tank now undergoing
construction village secretarait building /wellness centre /health clinic in an extent of 0.16 cents
in R.S. No 2615 situated in Venkatramapuram (V), Penugonda (M), West Godavari Dist and to
submit actual report along with plan to this Hon'ble high court, pending disposal of WP No.
6l 18 of202l, on the file ofthe 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 Sri B.P. Raju, Advocate for the Petitioners,
GP fbr Panchayat Raj Rural Dev, representing Respondents No. 1 to 9 and ofsri I.Koti Reddy,
standing counsel for respondent No.9, the court while directing issue of notice to the
Respondents herein to show cause as to why this application should not be complied u'ith. madc
the following order: (The receipt of this order will be deemed to be the receipt ol notice rn the
case).

ORDER
"Heard learned counsel for the petitioners and Sri L Koti Reddy, learnod Standirrg
Counsel for 8th respondent Gram Panchayat.
Sri IXoti.Reddy, learned Standing Counsel for 8rr' respontlent Gram panchayat,
reports no objection to appoint an Advocate-commissioner as sought by the petitioners.
The main grievance of the petitioners in the writ petition is ihat there is a tank
lnoyn as "Uppara Tank" in Venkatramapuram village, penugonda Mandal, West
Godavari District and the respondcnts are now making efforts to co-nstruct a building for
village Secretariat and other buildings in an extent or ac,0.s0 cents covered b1, Survey
Nos.26 and 2615 of the said land, which is part of the said tank, which is in existence in the
village.
.. Sri l._Koti Reddy, learned Standing Counsel lbr 8. respondent - Gram panchayat,
would submit that ihere is no such tank in the village in cxistince at present and the lind
 'I

on vvhich the building is proposed to be constructed for Village secretariat .is a

Gramakantam land, rvh-ich is-covered by survey Nos.26 and 26l:5. Thereforc, there exists a
controversy relating to the identity of the land on which the buikling for village secretariat
is now being propos'ed to be constructed, The petitioners conten(l that it is a tank known as
"Uppara T"ank,i and no building shall be constructed on aoy such tank as per the
Oir'e6tions of the Apex Court, wheieas the respondents contend that there is no such tank
and it is only a Giamakantam land. The peiitioners have produced thc photographs at
page -No.19 oithe matcrial papers, which shorv that some tank is in cxistence in thc villagc.
' ' ih"."fo"e, this Couit is ofinc considered vierv that an Ac vocflte-Commissioner is to
be appointed for physical inspection of the land, rvhere the said building for -village
Secr6tariat is profoied to be constructed and to submit his report whether the said
building is being constructed in the said tank known as "Uppar,t Tank" or not or lvhether
it is being constructed in the Gramakantam land.
T"herefore, Sri v. sai Kumar, Advocate, is appointed as an Advocate-commissioner
to note dorvn the physical features of ihc land rvherc the said building for village
i."..to.i"t is propoi"d to be constructed. He has to ascertain rvhether there is any tank
t ,. "up'pa.'a Tank" has been in existence in the village-_ot' not and. if it is found that
"ornn
if,"i. ir ooy such tank, he has to ascertain whether the building for Villa-ge
-Secretariat
is
t"ing .on.i.u.ted in the said tank or in any part of the said tank or not' He has to further
or""it"in whether thc Ac.0.50 cents of lani covered by Survey Nos.26 and 2615 situate in
ve[katramapuram village, Penugonda Mandal, west Godavari District, is part of thc said
tank or wheiher it is a Gramakaintam land or not. He shall srrbmit his report within six
weeks. His fee is fixcd at Rs.10,000/- (Rupees Ten Thousanc only), to be paid by the
petitioners directly to him.
Accordingly, this application is ordered."

SD/- NN.SURYANADHA REDDY

ASSISTANT REGISTRAR
//TRI-IE COPY//
\
SEC'IION OFFICER

To,
l. The Principal Secretary to covemment. (Parichayat Raj Denartment) A.P. Secretariat.
State of Andhra Pradesh, v;;g;p;Ji' at Amarathi, Guritur iistrict'i By RPAD)
2. The District Collector, Eluru. W6st Godavari District'( By RPAD) .
:. iii. -.
Oiiiii.t fanchayati Officer, Sanivaraupet, Eluru. West (iodavari District.( By
RPAD)
q. 'lire'Sirisional Panchayati Officer. Kovvur. West Godavari )istrict{ BI|D)
i. ii;; R;";.;; biri.ionil officer, (ovvur. westwest.God-avari
Godavari District'( Bv RPAD)
^.
District ( 9v RP-AD)
;. iil; ilJiiie;'. i"n'ion"j" ttt't), Penugonda,
;. Iri;a;I" p;riJhua o&"top..ni'office"r, pdnugonda (M). Pcnugonda. west Godavari
District.( By RPAD)
s. Viilui. 3..r.turv. Venkatramapuram Gram Panchayati. ver katrarnapuram (V)'
Penuionda (Mt. West Godavari District.( By RPAD)
(V)'
e. v;ii;E;^ilr;n;; off;;V;"k"tru'nu..u'u* Revenue Villa ;e' Venkatramapuram
Penulonda (M). West Codavari District.( By RPAD)
f O. b*""iiiri Ei-,gineer, Panchayat Raj Department(P
R'l Division)' Narasapuram'
NarasapuramlM), West Godavari District'( By RPA-D) -
11. b;t.afiiK"mai, Adrocrt", High Court of A'P' (Bv Spl'
Messenger)
if.On"
'i CC to SRI. B P RAJU Advocate [OPUC]
3. i;; ad1" Cp pOn peNcnAyAT irAJ RURAL DEV,I J igh Court of Andhra
Pradesh. [OUI']
14. One CC tb Sri t.roti Reddy, Advocate [OPUC]
I 5. One spare coPY
MSR
 --
, _,'.,:

,;
I
''',^)i
'.1 l
It3d63 I
IN THE HIGH COLIIIT OI'ANDI-IITA PII.ADESH AT AM,4,RA\/A'TI

]'[JESDAY.'IHI] I'WENTY SEVENTH DAY OF APRIL, i

TWO T}IOI,JSAND AND TWENTY ONE
:PRUSENT:
T}IE HONOURABLE SIII JLTSTICE CHEEKAT'I MANAVENDRANATH ItO}

IA No. I OF 2021
IN
WP NO: 6118 O['2021
Between:
l.Uppalapati l-akshmi Kantha Rao,, Sic. Prasada Itao. Hindu, Male, aged.3S years, Occ.
Agriculture, fuo.D.No.28, Venkatramapulam, Penugonda (M), West Godavar.i I)istr.ict.
2. qgttgla Satyanarayana, S/o. Katam Raju, Hindu, Male, aged.63 years, Occ. Agriculture,
R/o.D.No.l/85, Venkalramapuranr (V), Penugonda (M), West Godavari District.
3. Taneti Chinna Bullaiah,, S/o. Williams, Hindu, Male, aged.36 years, Occ. Agriculture,
Plo.D.No3-76, Venkatramaapuram. Penugonda (M) West Godavari District.
4. Rokkaia Narasimha Srvrnay,, Sio. Subba Rao, aged.35 years, R./o.D.No.i-34,
Mallapudibba, H/o. Venkatrampuram(V), Penugonda (M, West G'odavari District.
...PetiJioners

r\ND
I . State of Andhra Pradesh, rep. by its Principal Secretary 1o Government, (Parichai.at Raj
Depanment) A.P. Secretariat. Velagapudi. Amarathi, Gunlur Disuict.
2. The District Collector,, Eluru. West Goda.,,ari District.
3. The f)strict Panchayati Officer,, Sanivaraupet, Eluru. West Codavari District.
4. l'he Divisional Panchayati Officer,. Kowur. West Godavari District.
i. Jhe Revenue Divisional Officer',, Kovvur. West Cociavati District.
6. I'he Tashildar.. Penugonda (M), Penugonda, West Godavari District.
7. Mandala Parishad Development Officer,, Pdnugonda (M), Penugonda. Wesr Gotravari
District.
8. Village Secretary,, Venkatramapuram (iram Panchayati, Venkatramapuranr (\'),
Penugonda (M), West Godavari District.
9. Village Revenue Officer,. Venkatramapuratt Revenue Viltage, Venkatramapuram ('y').
Penugonda (lt'l), West Godavari District.
10. Iixecutive Enginecr,, Pancha.yat Raj Departmcnt(P.R.l. Divisron), Narasapuram,
Narasapurant (M). West Godavari District.
...Respontlcnts

Petition under Section 151 CPC praying that in the circumstances stated in the afl'rtlavit
fiied in support of the petition, the High court may be pleased to dircct the Respondents nct tr:
converl Uppara Tanli area into Villgage Secretariat Building or any other buildings in an exrent
of 0.50 cents in Suwey No.26. 2615. situated Venkatrarnapuram (V), Penugonda (M), West
Godavirri District. pending disposal of the above writ petition No. 6l 18 of 2A2l, on the file of
the High Court.

The petition comitrg on fol hcaring, upon penrsing the Petition and the affidavii filed in
suppor,l thereof and upon hearing the arguments o1'Sri B.P. Raju Advooate frrr the Pr:rition,:rs anci

of GP lbr Panchayat Raj Rural Dev. Advocate lbr the Respondents No. I to 9 and rrf Sr.i 1 K6ti
iReddy, Standing Counsel fbr Respondent No. 10. The courl while directing issrre of notice to the
R.esponclents hcreiu to show cause as to rvhy this application should not be complied wit5, made
the following order: ('lhe receipt of this order will be deemed to be the receipt 6f notice in ihe
case).
ORDER

"fn view of the fact that an Advocate-Commissioner is appointed to verify the

physical features of the land in question, where the building for Village Secretariat is
proposed to be constructed, to ascertain whether it is a tank or not, or whether if is a
Gramakantam land or not and to submit his report, till the said report is {iled by the
learned Advocate-Commissioner, there shall be interim direction to the respondents not to
proceed with any further construction of the building for Village Secretariat in the land
covered by Survey Nos.26 and 2615 situate in Venkatramrrpuram Village, Penugonda
NIandal, West Godavari District, till the next date of hearing."

SD/. M.SURYANADHA REDDY

ASSISTANT REGISTRAR
//TF.UE COPY'
['
Fo' ASSISTANT REGISTR.AR

'I'o,

1. The Principal Secretary to Govemment, (Parichayat Raj De partment) A.P. State of

Arrdhra Pradesh,Secretariat, Velagap';dl. av Amarathi, Guntur District.( tly RPAD)
2. I'he District Collector, Eluru. West Codavari District.( By IiPAD)
3. 'fhe Dstrict Panchayati Officer,, Sanivaraupet, Eluru. West Codavari District.( By
RI'AD)
4.
The Divisional Panchayati Oftlcer,, Kovvur. West Godavari District.( Bv RPAD)
'i'he Revenue Divisional Officer,, Kovvur. West Godavari I)istrict.( By RPAD)
5.
fi.
The Tashildar,, Peuugoncla (M), Peuugonda, West Godavar'i District.( By RPAD)
7. Mandala Parishad Development Officer,, Pdnugonda (M), I)enugonda. West Godavari
District.( By RPAD)
8. Village Secretary,, Venkatramapuram Cram Panchayati, Vr:nkatramapuram (V.1,
Penugonda (M). West Codavari District.( By RPAD)
9. Village Revenue C)flicer,. Venkatramapuram Revenue Villrge. Venkatramapuram (V),
Penugonda (M). West Codavari District.( By RPAD)
10.J'he Executive Engineer,, Panchayat Raj Department(P.R.l. I)ivision), Narasapuram,
I',larasapuram (M), West Godavari District.( By RPAD)
*t.One CC to SRL B P RAJU Advocate [OPUC]
l2.Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV ,High Court Of Andhra Pradesh
louTl
13.One CC to Sri LKoti Reddy, Advocate [OPUC]
14. One spare copy

MSR