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2025 DAILYLAW 16131 (AP)

MARY MATHA CHARITABLE SOCIETY v. THE STATE OF ANDHRA PRADESH

WP/13204/2025 · 2025-07-20

Gannamaneni Ramakrishna Prasad

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Judgment text

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-T ■a-y APHC010210852025 IN THE HIGH COURT OF ANDHRA AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE present THE HON’BLE SRI JUSTICE GANNAMANENI WRIT PETITION NO: 1320/1 nc PRADESH Si RAIVIAKRISHNA PRASAD 2025 Between: 1. Mary Matha Charitable Society, (Regd.No.37 of 1989) Tulltrro Guntur District, Rep. by its President D/o. Chacko, District, ct. 2. Smt.Valluru Usha Rani Housewife, R/o.D.No. Mandal, Sr. Sophy Acharuparambil House Aged about 57 yrs, R/o. Tulluru Mandal, Guntur W/o.Brahmaiah, Aged about 57 1-307, Mangalagiri, Guntur District. yrs, Occ ■■■Petitioners AND 1- The State Of Andhra Pradesh, , U.D. Department, Secretariat, District. 2. The State of Andhra Pradesh, Raj Department, Secretariat, District. 3. The Commissioner, APCRDA, Vijayawada, NTR District. 5 The Machilipatnam, NTR District ■ he Panchayat Secretary. Enikepadu Grampanchayat Rural Mandal, NTR District. Rep by its Spl. Chief Secretary^ Velagapudi, Amaravathi Mandal, M.A Guntur Rep by its PrI. Secretary Velagapudi, Amaravathi Mandal Panchayathi Guntur Vijayawada ...Respondents Petition under Arficie 226 of the Constitution circumstances stated i pleased to issue of India praying that in the - in the affidavit filed therewith, the High Court may be 3 writ, order or direction, of Writ of Mandamus declaring the 3'^^ respondent in more particularly one in the nature action of the respondents especially the demarking the land of the petitioners to cents out of total extent of Ac.2-50 Village, Vijayawada Rural Mandal an extent of Ac.0-30 cents in Sy.No.211/6A of Enikepadu NTR District to widen the road without compensation or following the procedure - the same as illegal, arbitrary, unjust, in violation of principles of natural justice acquiring the same by paying contemplated under law and to declare discriminatory and also i violation of right to Constitution of India and r road through the land of the total extent of Ac.2-50 apart from property guaranteed under Article 300-A of consequently direct the respondents not to lay - petitioners in an extent of Ac.0-30 the any cents out of Village, Sy. N0.211/6A of Enikepadu Vijayawada Rural Mandal. NTR District without paying compensation as the procedure contemplated under law. per lA NO: 1 OF 2091; Petition under Section 151 CPC in the affidavit filed in praying that in the circumstances stated dirnct ,h p ^'9'^ Court may be pleased to irect the Respondents not to disposes the petitioner-society from the land in Nrtn" R-a, Mandai, NTR District without paying any compensation to the petitioner- society in the interest of justice. Counsel for the Petitioners: G L NAGESWAR RAO Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent No.2: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.3: M/s S PRANATHI Counsel for the Respondent No.4: GP FOR REVENUE Counsel for the Respondent No.5: SRI Y KOTESWARA RAO, SC FOR GRAM PANCHAYAT The Court made the following order: -*4 APHC010210852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 13204 OF 2n2fi Between: 1 MARY MATHA CHARITABLE SOCIETY, (Regd.No.37 of 1989) Tullurii Mandal, Guntur District, Rep. by its President Sr. Sophy Acharuparambil House D/o. Chacko, Aged about 57 yrs, R/o. Tulluru Mandal, Guntur District,ct. 2. Smt.Valluru Usha Rani, W/o.Brahmaiah, Aged about 57 yrs Occ Housewife. R/o.D.No. 1-307, Mangalagiri, Guntur Distri ...Petitioners AND 1. THE STATE OF ANDHRA PRADESH A I, ^ '■ by its Spl. Chief Secretary, M.A U.D. Department, Secretariat, Velagapudi, Amaravathi Mandal Guntur District. 2. The State of Andhra Pradesh, Rep by its Prl. Secretary, Panchayathi Raj Department, Secretariat, Velagapudi, Amaravathi Mandal, Guntur District. 3. The Commissioner, APCRDA, Vijayawada, NTR District. 4. The District Collector, NTR District, Machilipatnam, NTR District. tA ^^®^^'^^bayat Secretary, Enikepadu Grampanchayat, Vijayawada Rural Mandal, NTR District. ...Respondents Counsel for the Petitioners: G L NAGESWAR RAO Counsel for the Respondents: GP FOR PANCHAYAT RAJ RURAL Counsel for the Respondents:S PRANATHI Counsel for the Respondents:GP MUNCIPAL ADMM AND URBAN DEV DEV AP 2 The Court made the following ORAL ORDER: Heard Sri G.L. Nageswara Rao, learned Counsel for the Writ Petitioners: Sri J. Krishna Praneeth, learned Counsel appearing on behalf of Ms. S. Pranathi, learned Standing Counsel for CRDA appearing for the Respondent No.3; Sri D. Vigneswar Reddy, learned Counsel appearing on behalf of Sri Y. Koteswara Rao, learned Standing Counsel for ZPPs, MPPs and Gram Panchayat and Sri Srinu Babu, learned Assistant Government Pleader for Municipal Administration and Urban Development. 2. Sri D. Vigneswar Reddy, learned Counsel appearing on behalf of Sri Y. Koteswara Rao, learned Standing Counsel for ZPPs, MPPs and Gram Panchayat has submitted the Written Instruction furnished by the Panchayat Secretary, Enikepadu Grampanchayat, dated 15.07.2025 stating that the Panchayat has no role to play with regard to laying of the road. 3. Sri J. Krishna Praneeth, learned Counsel appearing on behalf of Ms. S. Pranathi, learned Standing Counsel for CRDA appearing for the Respondent No.3 has submitted the Written Instructions furnished by the Zonal Joint Director, Development Control, AP CRDA. Instructions were supplied to the learned Counsel for the Writ Petitioners. The same are taken on record. Both the Written 4. Relevant portion of the Written Instruction furnished by the Zonal Joint Director, Development Control, AP CRDA is usefully extracted hereunder: “2. The Respondent Authority submit that, neither this office staff had inspected nor demarked the land of petitioners for widening of the existing road. Road widening proposals will be taken up by following due process of law whenever necessary. 3. The Respondent Authority submit that. Road widening proposals will be processed as per the prevailing rules and also with regard to the issuing of compensation for the said property by following due process of law.” 3 5. The above extract would indicate that the Respondent Authorities have not demarcated the land of the Writ Petitioners for road widening and that the road widening proposal will be processed as per the prevailing Rules. 6. Having regard to the Written Instruction extracted above, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into merits, with a direction to the Respondent Authorities to follow the prevailing Rules. No Order as to Costs. 7. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 8. Interlocutory Applications, if any, stand closed in terms of this order. Sdf- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// ck^ SECTION OFFICER To, 1. The Spl. Chief Secretary, Velagapudi, Amaravathi Mandal, Guntur District. 2. The Principal Secretary, Panchayathi Raj Department, Secretariat, Velagapudi, Amaravathi Mandal, Guntur District. 3. The Commissioner, APCRDA, Vijayawada, NTR District. 4. The District Collector, NTR District, Machilipatnam, NTR District. 5. The Panchayat Secretary, Enikepadu Grampanchayat, Vijayawada Rural Mandal, NTR District. M.A U.D. Department, Secretariat, 6. One CC to Sri. G L Nageswar Rao, Advocate [OPUC] 7. Two CCs to GP For Panchayat Raj Rural Dev High Court of Andhra Pradesh [OUT] 8. One CC to Sri. S Pranathi, Advocate [OPUC] 9. Two CCs to GP For MUNCIPAL ADMN AND URBAN DEV, High Court of Andhra Pradesh [OUT]. One CC to Sri Y Koteswara Rao, SC for Gram Panchayat 10. [OPUC]. 11. Two CD Copies. HIGH COURT DATED:21/07/2025 ORDER WP NO. 13204 OF 2025 ^OFANO^^ 0 ^ AUG 2B?S ^ 2^ at DISPOSING OF THE W.P. WITHOUT COSTS