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2025 DAILYLAW 15625 (AP)

Yarra Rupa Anand, v. The State of Andhra Pradesh,

WP/10424/2025 · 2025-07-15

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010199002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10424 OF 2025 Between: Yarra Rupa Anand,, S/o Yarra Papa Rao, Aged about 42 years, Occ. Weaving, R/o D.No-18-138/1, Amodagiripatnam Desaipeta, Vetapalem Mandalam, Bapatia District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Panchayat Velagapudi, Amaravati, Guntur Raj Department, AP Secretariat, District. 2. The District Collector, Bapatia District. (Prakasam District) 3. The Assistant Executive Engineer, Department of Panchayatra], Chirala, Bapatia District. (Prakasam District) 4. The Tahsildar, Vetapalem Mandal, Bapatia District. (Prakasam District) 5. The District Panchayat Officer DPO, Bapatia District. (Prakasam District) 6. The Secretary, Desaipeta Gramapanchayat, Bapatia District. (Prakasam District) 7. The Contractor, Gramapanchayat Office Vetapalem Mandal, Bapatia District. (Prakasam District) Vetapalem Mandal, ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstancesstated in the affidavit filed therewith, the High Court may be pleased to issue writ or order or direction more particularly in the nature of WRIT OF MANDAMUS by declaring action of the respondents in laying the 20 feet road in petitioners house property bearing Door.No- 18-138/1, Amodagiripatnam, Desaipeta, Vetapalem Mandal, Bapatia District, Andhra Pradesh pending the application No. DER012401525327 dated 02.11.2024 with transaction ID No. TADER012401525327 to conduct survey before laying the road is illegal, arbitrary, unjust, violative of Article-14, 21, 300-A of constitution of India and against the provisions of the A.P. Panchayat Raj Act, 1994 and consequently to stop laying of road in petitioners property and further consequently to conduct survey by consider the application of the petitioner and consequently for payment of compensation for acquisition of petitioners property for public purpose. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4th respondent to stop formation of panchayat road by to an extent into petitioner house property bearing D.No: 18-138/1, Amodagiripatnam, Desaipeta, Vetapalem Mandal, Bapatia District,Andhra Pradesh pending application No. DER012401525327 dated 02.11.2024 with transaction ID No. TADER012401525327 to conduct survey before laying the road. of 3 meters ^Counsel for the Petitioner: SRI SRINIVASULU P Counsel for the Respondent Nos.1 & 3,5: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent Nos.2 & 4: GP FOR REVENUE Counsel for the Respondent Nos.6 & 7: SRI MATTEGUNTA. SUDHIR, Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following order: ::1:: ¥ APHC010199002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] y WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10424/2025 Between: 1.YARRA RUPA ANAND, S/0 YARRA PAPA RAO, AGED ABOUT OCC. WEAVING, R/0 D.NO- 18-138/1, 42 YEARS, AMODAGIRIPATNAM DESAIPETA, VETAPALEM MANDALAM, BAPATIA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. PANCHAYAT RAJ DEPARTMENT, AP VELAGAPUDI, AMARAVATI, GUNTUR SECRETARY, SECRETARIAT, DISTRICT. 2.THE DISTRICT COLLECTOR, BAPATIA DISTRICT. (PRAKASAM DISTRICT) 3.THE ASSISTANT EXECUTIVE ENGINEER, DEPARTMENT OF PANCHAYATRAJ, CHIRALA, BAPATIA DISTRICT. (PRAKASAM DISTRICT) 4.THE TAHSILDAR, VETAPALEM MANDAL, BAPATIA DISTRICT. (PRAKASAM DISTRICT) ::2:: 5.THE DISTRICT PANCHAYAT OFFICER DPO, BAPATIA DISTRICT. (PRAKASAM DISTRICT) 6.THE SECRETARY, DESAIPETA GRAMAPANCHAYAT, VETAPALEM MAN DAL, BAPATIA DISTRICT. (PRAKASAM DISTRICT) 7.THE CONTRACTOR, GRAMAPANCHAYAT OFFICE VETAPALEM MANDAL, BAPATIA DISTRICT. (PRAKASAM DISTRICT) ...RESPONDENT(S): 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 tomay be pleased to issue writ or order or direction more particularly in the nature of WRIT OF MANDAMUS by declaring action of the respondents in laying the 20 feet road in petitioners house property bearing Door.No- 18-138/1, Amodagiripatnam, Desaipeta, Vetapalem Mandal, Bapatia District, Andhra Pradesh pending the applicationNo. DER012401525327dated 02.11.2024with transaction ID No. TADER012401525327 to conduct survey before laying the road is illegal, arbitrary, unjust, violative of Article-14, 21, 300-A of constitution of India and against the provisions of the A.P. Panchayat Raj Act, 1994 and consequently to stop laying of road in petitioners property and further consequently to conduct survey by consider the application of the petitioner and consequently for payment of compensation for acquisition of petitioners property for public purpose and to pass Counsel for the Petitioner: 1.SRINIVASULU P Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE 3.Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats ::3:: f- THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10424/2025 This Court made the following ORDER: This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “..to issue writ or order or direction more particularly in the nature of WRIT OF MANDAMUS by declaring action of the respondents in laying the 20 feet road in petitioner’s property bearing Door No: 18-138/1, Amodagiripatnam, Desaipeta, Vetapalem Mandal, Bapatia District, Andhra Pradesh pending the application No. DER012401525327, dated 02.11.2024 with transaction ID No. TADER012401525327 to conduct survey before laying the road is illegal, arbitrary, unjust, violative of Article- 14, 21, 300-A of constitution of India and against the provisions of the A.P. Panchayat Raj Act, 1994 and consequently to stop laying of road in petitioner’s property and further consequently to conduct survey by consider the application of the petitioner and consequently for payment of compensation for acquisition of petitioner’s property for public purpose and to pass..” Learned counsel for the Petitioner submits that the petitioner is 2. the permanent resident of Amodagiripatnam, Desaipeta, Vetapalem Mandal, Bapatia District. In the year 1982 the respondent issued house site patta in the name of Yarra Subhadra, W/o Paparao the mother of the petitioner. The respondent allotted house patta to :4 and social community by considering their economic the mother of the petitioner got plot weavers backwardness, in that process No. 109 to an extent of Ac.0.03 cents as per the layout While things stood thus, in March, 2024 when the respondents 5 and 6 staff came to petitioner’s property and tried to lay road, the raised objections for laying the road as the petitioner wouid 3. petitioner lose 3 meters of his house site property and also brought to their of law, they cannot lay road, dated 02.11.2024 through notice that without due process Petitioner submitted an application and demarcate and the same is pending MeeSeva to conduct survey Again on 03.04.2025 the before the respondent authorities. 6 and 7 along with workers came to the petitioner s . respondents 5 the western side of the then the petitioner objected to lay the and demarcation and also brought to property to lay the panchayat road petitioner’s house property on road without conducting survey the notice of the respondent authorities that petitioner’s application for conducting survey is still pending before the authorities. Petitioher cell of 2"^^ respondent on 07.04.2025 also gave complaint at grievance requesting to remove respondent • petitioner with dire consequences The T the encroachments in layout, for the sake of his bill payments is threatening the and trying to proceed with the 5 laying of road from south to north by encroaching into petitioner’s house property for western side to an extent of 3 meters. Hence the writ petition. Considering the submission of both the counsel and on perusal of the material placed on record, this Court is of the considered view that this Writ Petition can be disposed of directing the respondent authorities to consider the application of the petitioner dated 02.11.2024 with reference to the letter addressed by the Gram Panchayat dated 13.05.2025 and 20.06.2025 and pass speaking orders within a period of two (2) months from the date of receipt of a copy of this order. No costs. 4. 5. With the above directions-, the writ petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed, SD/-G. HELA NAIDU ASSISTANT REGfSTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj Department, AP Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Bapatia District. (Prakasam District) 3. The Assistant Executive Engineer, Department of Panchayatraj, Chirala, Bapatia District. (Prakasam District) 4. The Tahsildar, Vetapalem Mandal, Bapatia District. (Prakasam District) Panchayat Officer DPO, Bapatia District. (Prakasam 5. The District District) 6. The Secretary, Desaipeta Gramapanchayat, Bapatia District. (Prakasam District) Gramapanchayat Office Vetapalem Mandal, Bapatia r Vetapalem Mandal, 7. The Contractor, District. (Prakasam District) 8. One CC to Sri. Srinivasulu P Advocate [OPUC] GP For Panchayat Raj Rural Dev High Court of Andhra 9. Two CCs to Pradesh [OUT] Two CCs to GP For Revenue, High Court of Andhra Pradesh 10. [OUT] Sri. Mattegunta.Sudhir, Standing Counsel For One CC to Z.P.Ps,M.P.Ps,Gram Panchayats Advocate [OPUC] 11. Two CD Copies. 12. HIGH COURT DATED: 16/07/2025 ORDER WP NO. 10424 OF 2025 10 SEP 2025 )g ntSecliwiX*5 DISPOSING OF THE W.P. WITHOUT COSTS