APHC010238402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12255/2025 Between: 1. TARRA CHITTEYYA, .S/O NARAYANA RAO, AGED 76 YEARS, OCC AGRICULTURE, R/O 1-22, GUNDA STREET, KRISHTAPPA PETA VILLAGE, SINGUPURAM, B.S.PURAM, SRIKAKULAMMANDAL, SRIKAKULAM DISTRICT. 2. TARRA RAMA RAO,, S/O NARAYANA, AGED 75 YEARS, OCC AGRICULTURE, R/O KRISHTAPPA PETA VILLAGE, SRIKAKULAMMANDAL,SRIKAKULAM DISTRICT. 3. TARRA KRISHNA MURTHY, , S/O LATE NARAYANA, AGED 71 YEARS, OCC AGRICULTURE,R/O 1-28, TARRAVEEDHI, KRISHTAPPA PETA VILLAGE, SRIKAKULAM MANDAL, SRIKAKULAM DISTRICT. 4. TARRA NARAYANA RAO,, S/O LATE BALAJI AGED 54 YEARS, OCC AGRICULTURE, R/O 2-56, SHIMMAVEEDHI,KRISHTAPPA PETA VILLAGE, B.S.PURAM, SRIKAKULAMMANDAL, SRIKAKULAM DISTRICT. ...PETITIONER(S) AND 2 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 2. THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT AT SRIKAKULAM, ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER, SRIKAKULAM DISTRICT, ANDHRA PRADESH 4. THE TAHILDAR, SRIKAKULAM RURAL AND MANDAL SRIKAKULAM DISTRICT, ANDHRA PRADESH. 5. THE GRAMPANCHAYAT, REP BY ITS SECRETARY KRISHTAPPAPETA VILLAGE, SRIKAKULAM MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH. ...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 a writ, order or a direction, more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents in trying to lay any road in and over petitioners property of land admeasuring Ac.0.26 cents in Sy.No. 1531/3 and 1527/8 at Krishtappa Peta Village, Singupuram Gram Panchayat, Srikakulam Mandal, Srikakulam District covered by Registered Sale Deed No.534/1974 dated.28.01.1974 and an extent of Ac.0.31 cents in Sy.No.865/16 at Krishtappa Peta Village, Singupuram Gram Panchayat Srikakulam Mandal. Srikakulam District under Registered Sale Deed No.4358 of 2007 dated.26.09.2007 with and interfering with possession and enjoyment without any acquisition or following due process of law as illegal and untenable, unsustainable, arbitrary and against the law as well principles of natural justice, consequentially, direct the Respondents not to interfere with the possession and enjoyment of property of the petitioners of Ac.0.26 y2 in Sy.No. 1531/3,1527/8 and Ac.0.31 cents in 3 Sy.No.865/16 of Krishtappa Peta Village, Srikakulam Mandal, Srikakulam District without following due process of law and pass such IA 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 may be pleased to direct the respondents to not dispossess the petitioners from the land admeasuring Ac.0.26 Va cents in Sy.No.1531/3 and 1527/8 at Krishtappa Peta Village, Singupuram Gram Panchayat, Srikakulam Mandal, Srikakulam District under Registered Sale Deed No.534/1974 dated.28.01.1974 and an extent of Ac.0.31 cents in Sy.No.865/16 at Krishtappa Peta Village, Singupuram Gram Panchayat, Srikakulam Mandal, Srikakulam District under Registered Sale Deed No.4358 of 2007 dated.26.09.2007 without following the procedure contemplated under law and pass such further order or other order or orders that may deem fit and proper in the circumstances of the case Counsel for the Petitioner(S): 1. K B RAMANNA DORA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra The Court made the following: 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12255/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…..may be pleased to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents in trying to lay any road in and over petitioners property of land admeasuring Ac.0.26½ cents in Sy.No.1531/3 and 1527/8 at Krishtappa Peta Village, Singupuram Gram Panchayat, Srikakulam Mandal, Srikakulam District covered by Registered Sale Deed No.534/1974 dated 28.01.1974 and an extent of Ac.0.31 cents in Sy.No.865/16 at Krishtappa Peta Village, Singupuram Gram Panchayat, Srikakulam Mandal, Srikakulam District under Registered Sale Deed No.4358 of 2007 dated 26.09.2007 with and interfering with possession and enjoyment without any acquisition or following due process of law as illegal and untenable, unsustainable, arbitrary and against the law as well principles of natural justice, consequentially, direct the Respondents not to interfere with the possession and enjoyment of property of the petitioners of Ac.0.26½ in Sy.No.1531/3, 1527/8 and Ac.0.31 cents in Sy.No.865/16 of Krishtappa Peta Village, Srikakulam Mandal, Srikakulam District without following due process of law and pass such…..” 2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader appearing for the respondents. 5 3. The learned counsel for the petitioner submits that the petitioners are the absolute owners and possessors of the land admeasuring to an extent of Ac.0.26½ cents in Sy.No.1531/3 and 1527/8 and Ac.0.31 cents in Sy.No.865/16 at Krishtappa Peta Village, Srikakulam Mandal, Srikakulam District. While things stood thus, the respondents are trying to lay road though the petitioners lands without issuing any prior notice and without following the due process of law. 4. He further submitted that the respondent authorities without there being any survey and demarcation are trying to lay the road through the petitioners’ lands without following the provisions of the Act 30 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act, 2013) and without observing the principles of natural justice. Hence, the Writ Petition. 5. On the other hand, the learned Assistant Government Pleader appearing for the respondents has furnished a copy of written instructions issued by the 4th respondent vide Rc.No.273/2025/B, dated 08.05.2025, wherein, it is stated that the respondents have not conducted any survey and demarcation in respect of the land in Sy.No.865/15 (old Sy.Nos.1527/2p and 6 1531/2p) to an extent of Ac.0.11 cents of Singupuramn Revenue Village, as claimed by the petitioners. 6. He further submits that while conducting the survey and demarcation in respect of the subject land, the respondents will follow due process of law as contemplated under Andhra Pradesh Survey and Boundaries Act, 1923. 7. Learned Assistant Government Pleader appearing for the respondents has also furnished a copy of written instructions issued by the 5th respondent vide Rc.No.03/2025, dated 02.05.2025, wherein, it is stated that the petitioners have constructed a pucca house by occupying an extent of 0.05 cents in Sy.No.616, of the Government Poramboke Land. Moreover, the respondents will follow due process of law as required for removal of the encroachment as per the provisions of the Sections 96 and 97 of a Panchayat Raj Act of 1994. 8. Having regard to the submissions of the learned counsel for the petitioners, the learned Assistant Government Pleader for the Revenue and on perusal of the material available on record, this Court is of the considered view that the present Writ Petition can be disposed of directing the respondents to follow due process of law while removing the petitioners from the encroached public road. If deemed necessary, the respondents shall 7 conduct survey and demarcation in respect of the subject property of the petitioners within a period of three (03) months from the date of receipt of a copy of this order. 9. In the result, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 16.07.2025 SCH 8 169 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.12255 of 2025 16.07.2025 SCH