IN THE HIGH COURT OF ANDHRA PRADESH :: AMAR (Special Original Jurisdiction) i TUESDAY, THE EIGHTEENTH DAY OF MARCh| TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6724 OF 2025 THE Between: Ghantasala Subba Rao, S/o Yedukondalu Apd about 63 years. FWo H.No.1-137, Beside Maranatha Church, Gudipadu Village, Pedapad Mandal, Eluru (West Godavari) District. petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secret^, Home Department, Secretariat Building, Velagapudi, Amaravati, Guntur District. 2. The Superintendent of Police, Eluru (West Godavari) District, Eluru. 3. The District Magistrate-cum-District Collector, Eluru (West Godavari) District, Eluru. 4. The Sub-Divisional Magistrate-cum-Revenue Divisional Officer, Eluru Division, Eluru (West Godavari) District. 5. The Executive Magistrate-cum-Tahsildar, Pedapadu Mandal, Eluru (West Godavari) District. 6. The Station House Officer, Pedapadu Police Station, Eluru (West Godavari) District. 7. Saidu Saraswathi, W/o Lakshmana Rao, Aged about 37 years, R/o D.No.2-16, Gudipadu Village, Pedapadu Mandal, Eluru (West Godavari) District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ Order or direction more particularly one in the MANDAMUS declaring the action of the 5th nature of WRIT OF Respondent in issuing endorsement under R.O.P.No.13-40/2024 dt.06-11- 2024 in the Petitioner's Complaint NO.ELR20241009133 requesting to remove obstruction laid/made by the 7th Respondent i passage/road existing in between the Field Nos.1) 343 and 342, and 341 3) through 348, 347 and 349 of Satyavolu Village Mandal, Eluru (West Godavari) District, is illegal, arbitrary, unjust and violation of Section 152 of Bharatiya Nagarik Suraksha (Section 133 of Criminal Procedure Code aside the endorsement under R.O.P.No. 13-40/2024 dt.30-09-2024 in 2) 344 Pedapadu Sanhita, 2023 1973) and consequently set dt.06-11-2024 in the Petitioner's Complaint No.ELR20241009133 dt.30-09-2024 5th Respondent to by directing the remove the obstruction laid/made by the 7th Respondent in passage/road existing in between the Field Nos.1) 343 and 342, 2) 344 and 341 3) through 348, 347 and 349 of Satyavolu Village, Pedapadu Mandal, Eluru (West Godavari) District. lA NO: 1 OF Petition under Section 151 CPC stated in the affidavit filed i pleased to direct the Respondents 4 & praying that in the circumstances m support of the petition, the High Court may be 5 to remove the obstruction laid/made by the 7**^ Respondent in passage/road at Survey No.342 by providing necessary protection to the Petitioner from of the 7th Respondent for transportation of the fish from Survey Nos.330/2, 330/3 & 330/4 through between the Field Nos.1) 343 & 342, 2) 344 & the highhanded acts his land situated in the passage/road existing in 341 3) through 348, 347 & 349 of Satyavolu Village, Pedapadu Mandal, Eluru (West Godavari) District AT THIS SEASON ONLY. Counsel for the Petitioner: SRI A.SYAM SUNDAR Counsel for the Respondents: GP FOR HOME Counsel for the Respondents: GP FOR REVENUE The Court made the following order: REDDY APHC010132032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6724/2025 Between: ...PETITIONER Ghantasala Subba Rao AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1 .A SYAM SUNDAR REDDY Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6724/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- ‘‘to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 5"' R.O.P.No.13-40/2024 dated 06.11.2024 in the petitioner’s Complaint No.ELR20241009133 dated 30.09.2024 requesting to remove obstruction laid/made by the 7 respondent in passage/road existing in between the Field Nos.1)343 and 342, 2)344 and 341, 3) through 348, 347 and 349 of Satyavolu Village, Pedapadu Mandal, Eluru (West Godavari) District, is illegal, arbitrary, unjust and violation of Section 152 of Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 133 of Criminal Procedure Code, 1973) and consequently set aside the endorsement under R.O.P.No.13-40/2024 dated 06.11.2024 in the petitioner’s Complaint No.ELR20241009133 dated 30.09.2024 by directing the 5^^ respondent to remove the obstruction laid/made by the respondent in passage/road existing in between the Field Nos. 1)343 and 342, 2)344 and 341, 3) through 348, 347 and 349 of Satyavolu Village, Pedapadu Mandal, Eluru (West Godavari) District and pass such other order. th respondent in issuing endorsement under th 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner is the absolute owner of the agricultural land admeasuring to an extent of Ac. 1.87 cents in Sy.No.330/2. Ac.2.01 cents in Sy.No.330/3 and Ac.2.10 cents in Sy.No.330/4 of Satyavolu Village, Pedapadu Mandal, Eluru (West Godavari) District. The petitioner converted the said agricultural land into fish tank. He further submits that the villagers have formed a passage/road on the west side of Pitchaiah Tank (Government Tank) situated in Sy.No.330. All the farmers of the surrounding areas are using the said passage/road way. The 7“' respondent is the absolute owner of the land situated in Sy.No.342 and the said passage/road is laid on the western side of the 7‘^ respondent’s property. Now, the 7'*' respondent is obstructing the petitioner from passing through the said road by arranging a gate at the starting point of Sy.No.342. 4. Learned counsel for the petitioner further submits that the 7*^ respondent issued notice dated 05.11.2020 to the farmers directing not to use the said passage/road. The petitioner made a representation dated 30.09.2024 to the 5‘^ respondent. The 5*'^ respondent visited the subject property and found that the 7'^^ respondent arranged a gate. But, the 5"^ respondent has not yet taken any action. Hence, the present Writ Petition. 5. Learned Government Pleader for the respondents furnished instructions dated 15.03.2025, wherein it is stated as follows: "It is submitted that there is no obstructions through the passage in between the fields of the petitioners and 7^^ respondent. The farmers cooperated with others and paved the way. The same was informed to i the petitioner through an endorsement by the Add!. Superintendent of Police, Eluru District. ” 6. Having regard to the submissions made by the learned counsel for the petitioner and on perusal of the written instructions furnished by the learned Government Pleader, this Court is of the considered view that the present Writ Petition directing the respondents to maintain the pathway any obstructions. If any obstruction by any other ryots/farmers, it is further directed the petitioner to invoke the jurisdictional for enforcing the easementary rights, since it is an admitted fact that the subject pathway has been utilizing by the ryots since long time. 7. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. can be disposed of as it is, without court of law Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER Home Department, Secretariat Building, Velagapudi, Amaravati, 2. The Superintendent of Police, 3. The District Magistrate- District, Eluru. State of Andhra Pradesh, Guntur District. Eluru (West Godavari) District, Eluru. cum-District Collector, Eluru (West Godavari) 6. The station House Officer, Pedapadu Godavari) District. One CC to Sri A Syam Sundar Reddy, Advocate [OPUC] 8. Two CCS to GP for Home, High Court of Andhra Pradesh. 9. Two CD Copies Police Station, Eluru (West [OUT] RAM high court DATED:1 8/03/2025 ORDER WP.No.6724 of 2025 zvmarzok I Current Section disposing of the wp WITHOUT COSTS