li^ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Specjal Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE r PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 12855 OF 2025 - Between: Nori Srinivasarao, S/o Venkata Subbaraya Sastry, aged 63 years, Occ. Retd., Employee, R/o Dr.no. 1-5, Undi thota, Undi Village and Mandal, West Godavari. ...Petitioner AND 1. The State Of Andhra Pradesh, rep by its Principal Secretary, Panchayat Raj Department, Secreatariat, Velagapudi, Amaravathi, Guntur District. 2. The District Oollector, West Godavari at Bhimavaram, Bhimavaram. 3. The District Panchayat Officer, West Godavari at Bhimavaram. 4. The Undi Gram Panchayath, Rep by its Panchayat Secretary, Undi Village and Mandal, West Godavari District. 5. The Surveyor, Undi Panchayat, Undi West Godavari District. ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate writ, order, or direction, declaring the action of the respondents 4**^ and respondents in marking 6 feet into the private land (House) of the petitioner to an extent of Ac.0.10 cents which consist of house along with compound wail vide Dr.no.1-5, Undi Village and Mandal, in the name of widning the road in Undi Village and Mandal, without following due process of law, without issuihg any notice, without passing any orders, without having power is illegal, arbitrary, high handed, colourable exercise 4 of law. unconstitutional and violative of Art 14, 19, 21 and 300-A of Constitution of India and consequently to direct the respondent authorities not to interfere with the peaceful possession and enjoyment of the Petitioner's land to an extent of Ac.0.10 cents which consist of house along with compound wall vide Dr.no. 1-5, Undi Village and Mandal, West Godavari District. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent authorities not to interfere with the peaceful possession and enjoyment of the Petitioner to an extent of Ac.0.10 cents which consist of house along with compound wall vide Dr.no. 1-5, Undi Village and Mandal, by restraining the respondents from demolishing the petitioner's compound walls, structures, or any part of their private properties without following due process of law. Counsel for the Petitioner : SRI. JAMI MADHAVI Counsel for the Respondents: GP FOR PANCHAYAT RAJ RURAL DEV Sri Y.Koteswara Rao, Standing Counsel The Court made the following: etr APHC010257682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 12855/2025 Between; 1 NORI SRINIVASARAO, S/0 VENKATA SUBBARAYA SASTRY, AGED EMPLOYEE, R/0 DR.NO. 1-5, UNDl OCC. RETD 63 YEARS, THOTA, UNDl VILLAGE AND MANDAL, WEST GODAVARI. ...PETITIONER AND STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL PANCHAYAT RAJ DEPARTMENT, SECREATARIAT, 1.THE SECRETARY, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, WEST GODAVARI AT BHIMAVARAM, BHIMAVARAM. DISTRICT PANCHAYAT OFFICER, WEST GODAVARI AT BHIMAVARAM. 3.THE 1 PANCHAYATH, REP BY ITS PANCHAYAT UNDl VILLAGE AND MANDAL, WEST GODAVARI 4.THE UNDl GRAM SECRETARY, DISTRICT. UNDl PANCHAYAT, UNDl WEST GODAVARI 5.THE SURVEYOR DISTRICT. ...RESPONDENT(S): 2 A Counsel for the Petitioner: 1.JAMI MADHAVI Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following ORAL ORDER: Heard Sri J. Madhavi, learned Counsel for the Writ Petitioner; Ms. D. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and Rural Development and Sri V. Sai Kiran, learned Counsel appearing on behalf of Sri Y. Koteswara Rao, learned Standing Counsel for ZPPs, MPPs and Gram Panchayat. 2. The present Writ Petition is filed seeking following relief: to issue a Writ of Mandamus or any other appropriate writ, order, or direction, declaring the action of the respondents 4'^ and 5**^ respondents in marking 6 feet into the private land (House) of the petitioner to extent of Ac.0.10 cents which consist of house along with compound wall vide Dr.no.1-5, Undi Village and Mandal, in the name of widening the road in Undi Village and Mandal, without following due process of law, without issuing any notice, without passing any orders, without having power is illegal, arbitrary, high handed, colourable exercise of law, unconstitutional and violative of Art 14, 19, 21 and 300-A of Constitution of India and consequently to direct the respondent authorities not to interfere with the peaceful possession and enjoyment of the Petitioner's land to an extent of Ac.0.10 cents which consist of house along with compound wall vide Dr.No,1-5, Undi Village and Mandal, West Godavari District, and an pass ” 3. It is the submission of the learned Counsel for the Writ Petitioner that the Official Respondents have made certain markings within the compound of the Writ Petitioner’s house. It is submitted that, upon enquiry with regard to the marking, the Official Respondents have informed the Writ Petitioner that they have proposal to widen the road, for which the compound wall of the Writ Petitioner would be demolished to some extent. 4. It is the case of the Writ Petitioner that the Official Respondents cannot demolish the compound wall without following the due process of law. 3 In other words, it is submitted that the Official Respondents cannot private land without initiating the procedure for acquisition and payment of compensation. occupy the 5. Having regard to the facts and circumstances of the case, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, with a direction to the Official Respondents and also the other authority to follow the due process of law before initiating any coercive action against the Writ Petitioner. It is clarified that this Court has not dealt with the merits of the case as regards the extent owned by the Writ Petitioner or the extent which is sought to be utilized for extension of the road. The same would be ascertained by the competent authority after considering all the documents at an appropriate time. 6. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. competent 7. Interlocutory Applications, if any, stand closed in terms of this order. SD/- V.DtWAKAR deputy registrar "i M //TRUE COPY// '6^ OFFICER SE To, 1. The Principal Secretary, Panchayat Raj Department, State of Andhra Pradesh, Secreatariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, West Godavari at Bhimavaram, Bhimavaram. 3. The District Panchayat Officer, West Godavari at Bhimavaram. 4. The Undi Gram Panchayath, Rep by its Panchayat Secretary, Undi Village and Mandal, West Godavari District. 5. The Surveyor, Undi Panchayat, Undi West Godavari District.(1 to 5 By RPAD) 6. One CC to SRI. JAMl MADHAVl Advocate [OPUC] 7. One CC to Sr\ Y.Koteswara Rao, Standing Counsel [OPUC] 8. Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV ,High Court Of Andhra Pradesh. [OUT] 9. Three CD Copies HIGH COURT DATED:07/05/2025 ORDER Sf WP.No.12855 of 2025 5 n jui ais I ^ Current Section ^ DISPOSING THE WRIT PETITION WITHOUT COSTS