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2025 DAILYLAW 11010 (AP)

MADINA GOPALAKRISHNA v. THE STATE OF ANDHRA PRADESH

WP/6310/2025 · 2025-04-08

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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1 APHC010125882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY ,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 6310/2025 Between: 1. MADINA GOPALAKRISHNA, S/O VENKATAKRISHNAIAH, AGE 65 YEARS, R/O LAKHIDASUPURAM VILLAGE, NADIGAM MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATRAJ DEPARTMENT, AP GOVT SECRETARIAT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT, SRIKAKULAM. 3. THE TAHSILDAR, NANDIGAM MANDAL, SRIKAKULAM DISTRICT. 4. THE SUPERINTENDING ENGINEER, PANCHAYAT RAJ DEPARTMENT, SRIKAKULAM DISTRICT, SRIKAKULAM. 5. THE EXECUTIVE ENGINEER, PANCHAYATRAJ DEPARTMENT, TEKKALI, SRIKAKULAM DISTRICT. 6. THE MANDAL PARSHIAD DEVELOPMENT OFFICER AND PROGRAMME OFFICER, NANDIGAM MANDAL, SRIKAKULAM DISTRICT 7. THE LAKHIDASUPURAM GRAM PANCHAYAT, REPRESENTED BY ITS SECRETARY, LAKHIDASUPURAM VILLAGE, NANDIGAM MANDAL, SRIKAKULAM DISTRICT. ...RESPONDENT 2 The Court made the following: ORAL ORDER: Heard Sri S.Srinivasa Rao, learned Counsel for the Writ Petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development appearing for the Respondent Nos.1, 4 and 5, Sri T.Sanjeeva Rao, learned Assistant Government Pleader for Revenue appearing for the Respondent Nos.2 and 3 and Sri K.Sowmya, learned Counsel appearing on behalf of Sri Y.Koteswara Rao, learned Standing Counsel for the Gram Panchayat appearing for the Respondent Nos.6 and 7. 2. Sri P.Rajesh Kumar, learned Assistant Government Pleader has submitted the Written Instructions furnished by the Executive Engineer, PRI Division, Tekkali (Respondent No.5) dated 24.03.2025. 3. The Written Instructions would indicate that an amount of Rs.85,00,000/-(Rupees Eighty Five Lakhs Only) has been sanctioned under the MGNREGS grant on 28.01.2025, and the project for laying of the road is currently in the preliminary investigation stage, and the work has not commenced yet. 4. Sri T.Sanjeeva Rao, learned Assistant Government Pleader appearing for Respondent Nos.2 and 3 has submitted the Written Instructions furnished by the Tahsildar, Nandigam, Srikakulam District dated 25.03.2025 along with the revenue record and some photographs. 5. Learned Assistant Government Pleader for Revenue would submit that as per the instructions received by him from the Tahsildar, the subject land belongs to the Government, which is classified as Sarkar Nanja. 6 However, learned Counsel for the Writ Petitioner have dispute with regard to the written instructions from the Tahsildar that the subject land is classified as Sarkar Nanja. Learned Counsel for the Writ Petitioner would submit that the subject land is a private land. 3 7. Having regard to the facts and circumstances of this case, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage and without going into merit, directing the Official Respondents to verify the ownership of the subject land. If it emerges that the subject land is a private land and owned by the Writ Petitioner, there shall be a direction to the Official Respondents to follow the due process of law for laying of the proposed road. 8. With this observation and direction, this Writ Petition stands disposed of. It is clarified that this Court has not expressed any opinion on merit. No order as to costs. 9. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 08.04.2025 JLV