APHC010575002024 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) Tuesday, the first day of September, two thousand and twenty six The Honourable Writ Petition Between: Ammisetty Sambrajyam and and The State of Andhra Pradesh and Counsel for the petitioner 1. Leo Law Associates Counsel for the respondent 1. G.P. for Panchayat 2. G.P. for Home 3. Chilukuri Narendra Babu 4. G.P. for Revenue 5. Mattegunta Sudhir, Gram Panchayats The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) the first day of September, two thousand and twenty six Present The Honourable Ms. Justice B. S. Bhanumathi Writ Petition No.30074 of 2024 Ammisetty Sambrajyam and others ...Petitioners f Andhra Pradesh and others ...Respondents etitioners: Leo Law Associates LLP. espondents: Panchayat Raj Rural Dev. Chilukuri Narendra Babu Sudhir, Standing Counsel for Z.P.Ps, M.P.Ps, Gram Panchayats The Court made the following: [3311] the first day of September, two thousand and twenty six Petitioners Respondents 2 BSB, J W.P. No. 30074 of 2024 ORDER: This writ petition, under Article 226 of the Constitution of India, is filed seeking the following relief:- “…to issue an order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents, especially the respondents 8 to12 in interfering with and proposing to convert the private gully bazaar of petitioners on the eastern side of petitioners’ houses bearing D. No. 27-87, Venkata Krishnapuram, Devarayabhotlapalem, Pedakakani mandal, Guntur district, Andhra Pradesh, at the influence of respondents Nos.13 and 14, without issuing any notices and threatening the petitioners to surrender the petitioners private gully, which is in their exclusive possession and enjoyment for more than a century, to the respondent No.10 Gram Panchayat, without acquiring the same and without following due process of law and not considering the representations of petitioners, including the representation, dated 13.12.2024, as arbitrary, illegal, violative of Article 300-A of the Constitution and against the well settled principles of natural justice, and consequently, direct the official respondents not to interfere with the exclusive possession and enjoyment of petitioners private gully bazaar situated on the eastern side of the subject house , without following due process of law, and to pass such other order or orders as this Court may deem fit and proper in the circumstances of the case.” 3 BSB, J W.P. No. 30074 of 2024 2. The petitioner is aggrieved by the action of the respondents, particularly, respondents Nos.8 to 12, in proposing to convert the private gully bazaar of the petitioners situated on the eastern side of their houses bearing D. No. 27-87, Venkatakrishnapuram, Devarayabhotla- palem, Peakakani mandal, Guntur district, and interfering with their possession, at the behest of respondents Nos. 13 & 14, without issuing any notices and threatening the petitioners to surrender the private gully which is in their exclusive possession and enjoyment for more than a century to the respondent No.10 / Grama Panchayat. 3. The respondent No.10 filed counter affidavit wherein it was stated at paragraphs Nos.3 & 4 as follows:- “3. This Grama Panchayat does not have any intention to take over the possession of the petitioners Gully Bazar to convert it as public road without consent of the petitioners. The Gram Panchayat does not concern about the survey notice issued by the village surveyor of the Venkatakrishnapuram Grama Panchayat. As seen from the contents in the notice issued by the Village Surveyor, they intended to demark the boundaries of the applicant site only in Survey No.937 belongs to Sri T.Sivaiah (R13). The survey notice itself reflects non involvement of the Grama Panchayat. It is also submitted that during the day of survey, I never involved on behalf of the Grama Panchayat and also never asked the petitioners to forgo their rights to hand over the same to the Grama Panchayat. It is further submitted that the Grama Panchayat does not have any interest to take over the 4 BSB, J W.P. No. 30074 of 2024 possession of the Private Gully Bazar to convert it for public purpose. 4. In view of the above facts, this respondent has no way concerned about the survey of their private property. It was the dispute between the private persons and this respondent had never interfered with their possession.” 4. The learned counsel for the petitioners requested to dispose of the writ petition recording the contents of counter of respondent No.10 since it was mentioned that the respondent No.10 is not interfering with the possession of private gully bazaar for public purpose. 5. In view of the same, the writ petition is disposed of recording that the respondents shall not take possession of the private gully bazaar to convert it for public purpose without following due procedure of law, if necessary. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ B. S. BHANUMATHI, J Dt.01.09.2026 Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No RAR