i -• > APHC010270612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUN TWO THOUSAND AND TWENTY FIVE PRESENT r HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14897 OF 2025 Between: 1. Gorrepati Rajendra Rao, S/o Veeraswamy, Aged about 64 years, R/o Flat No 502, R/o Alava Residency, Rajeev Nagar Ongole, Prakasam District. 2. Kotapati Janardhana Rao, S/o Kotapati Narasimham, Aged about 62 years, R/o Plot No 913, Ayyappa society, Madhapur, Hyderabad. 3. Kunduru Ramana Reddy, S/o Konda Reddy. Aged about 74 years, R/o 12-5-67, Subedar Street, KandukurTown and Mandal, SPSR Nellore District. 4. Gadipudi Ramanamma @ Ravanamma, W/o Koteswarara Rao, Aged about 57 years R/o 2-72, Ponnaluru, Prakasam District. Lawyer peta. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Revenue Department, AP Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District collector, Nellore, SPSR Nellore District. 3. The Tahsildar, Kandukur Mandal, SPSR Nellore District. 4. Kandukur Municipality, Rep. by its Municipal Commissioner, Kandukur, SPSR Nellore District. 5. The Executive Engineer, Roads and Building Department, Kandukur, SPSR Nellore 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 Orders more particularly one in the nature of a WRIT OF MANDAMUS declaring the action of the 3rd road blocking entire ingress and egress towards northern side of house plots comprised in Sy.no. 634, 635, 635/2 and 635/3 of Kandukur Town respondent in laying petitioner's and Mandal SPSR Nellore District without following due process of law as illegal, arbitrary and unconstitutional and consequently direct the respondents to provide the free ingress and comprised in Sy.no. 634, 63^ 635/2 and 635/3 of Kandukur Town and Mandai SPSR Nellore District. egress to the petitioners house plots lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pieased to direct the respondents to provide the free petitioners house plots comprised in Sy. No. 634, 635, 635/2 and 635/3 of Kandukur Town and Mandal SPSR Nellore Disti^ in the interest of justice, pending disposal of the above Writ Petition. ^ ingress and engress to the Counsel for the Petitioners: SRI SIVAPRASAD REDDY VENATI Counsel for the Respondent No.5: GP FOR ROADS & BUILDINGS Counsel for the Respondent Nos. 1 to 3: GP FOR REVENUE Counsel for the Respondent No.4: SRI G LAKSHMI NARAYANA MUNICIPALITIES) (SC FOR The Court made the following order: APHC01027061202S IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SES -K^.r [3329] WEDNESDAY,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14897/2025 Between: 1.GORREPATI RAJENDRA RAO, S/0 VEERASWAMY, AGED ABOUT 64 YEARS, R/0 FLAT NO 502 NAGAR, LAWYER PETA, ONGOLE, PRAKASAM DISTRICT. S/0 KOTAPATI NARASIMHAM, AGED ABOUT 62 YEARS, R/0 PLOT NO 913, AYYAPPA SOCIETY, MADHAPUR, HYDERABAD. 3.KUNDURU RAMANA REDDY, S/0 KONDA REDDY, AGED ABOUT 74 YEARS, R/O 12-5-67, SUBEDAR STREET, KANDUKURTOWN AND MANDAL, SPSR NELLORE DISTRICT. 4.GADIPUDI RAMANAMMA @ RAVANAMMA, W/0 KOTESWARARA RAO, AGED ABOUT 57 YEARS R/O 2-72, PONNALURU, PRAKASAM DISTRICT. R/O ALAVA RESIDENCY, RAJEEV 2. KOTAPATI JANARDHANA RAO ...PETITIONER{S) AND 1.THE STATE OF AP, REP. BY ITS PRI. SECRETARY, DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 3.THE TAHSILDAR, KANDUKUR MANDAL. SPSR NELLORE DISTRICT. 4.KANDUKUR MUNICIPALITY, REP. BY ITS MUNICIPAL COMMISSIONER, KANDUKUR, SPSR NELLORE DISTRICT. REVENUE AMARAVATI, 2 5.THE EXECUTIVE ENGINEER, ROADS AND BUILDING DEPARTMENT, KANDUKUR, SPSR NELLORE 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 topleased to issue a Writ, order or Orders more particularly one in the nature of a WRIT OF MANDAMUS declaring the action of the 3RD respondent in laying road blocking entire ingress and egress towards northern side of petitioner's house plots comprised in Sy.no. 634, 635, 635/2 and 635/3 of Kandukur Town and Mandal SPSR Nellore District without following due process of law as illegal, arbitrary and unconstitutional and consequently direct the respondents to provide the free ingress and egress to the petitioners house plots comprised in Sy.no. 634, 635, 635/2 and 635/3 of Kandukur Town and Mandal SPSR Nellore District and pass 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 Counsel for the Petitioner(S): 1.SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1.GP FOR ROADS BUILDINGS 2.GP FOR REVENUE The Court made the following: 3 m* THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14897/2025 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 3^^ respondent in laying road blocking entire ingress and egress towards northern side of petitioner’s house plots comprised in Sy.No.634, 635, 635/2 and 635/3 of Kandukur Town and Mandal, SPSR Nellore District without following due process of law as illegal, arbitrary and unconstitutional and consequently direct the respondents to provide the free ingress and egress to the petitioners house plots comprised in Sy.No.634, 635, 635/2 and 635/3 of Kandukur Town and Mandal, SPSR Nellore District and pass such other order. ” 2. Heard the learned counsel for the petitioners, learned Assistant Government Pleader for respondent Nos.1 to 3 and Sri Gudapati Lakshmi Narayana, learned Standing Counsel for respondent No.4. St 3. Learned counsel for the petitioners submits that the 1 nd petitioner is the owner of plot No.119 in Sy.No.634-2 and 3, 2 rd petitioner is owner of plot Nos.88 to 100 in Sy.No.635-2 and 3, 3 petitioner is owner of plot Nos.122 to 147 in Sy.No.635-2 and 3 and 4*'" petitioner is owner of plot No.116 in Sy.No.634-2 and 3 of Kandukur Town and Mandal, SPSR Nellore District. He further submits that the grievance of the petitioners herein is that while constructing the RCC bridge and road at Adi Andhra Colony main road in Sy.No.626, the respondents blocked the ingress and egress passage to the unapproved plots of the petitioners. He further submits that even though it is an unapproved layout, as the petitioners are having vacant sites, they are entitled for their ingress and egress. Hence, the same cannot be closed on the ground that the petitioners are holding plots in unapproved layout. He further submits that even though the passage was formed through unapproved layout the same cannot be closed without following due process and without observing principles of natural justice. Hence, the present Writ Petition. 3. On the other hand, learned Standing Counsel for the 4^*^ respondent furnished written instructions, wherein it is stated as follows: “This Municipality has proposed to construct RCC bridge and road at Adi Andhra Colony Main Road in ward in Sy.No.626 with an estimate of 83.69 lakhs because of the area is inundated during monsoon season and the people going to the nearby villages are being affected during the flood are facing the problems as there is no alternate road existing to the villages. For the free flow of water and traffic, it is proposed to construct RCC bridge in the existing culvert. This municipality has not occupied any of the private land that belongs to the petitioners. The said survey No. 626 is classified as Government Donka Poramboke. This office has proposed to construct the said survey No. 828 is classified as Government Donka Poramboke. pp 5 rX This office has proposed to construct oniy in the Government Land. Oniy in the Government land RCC bridge at the place of existing culvert. 3. The petitioner has made allegations that the said road is blocking the entire ingress an egress towards northern side of petitioner’s house plots comprised in Sy.Nos. 634, 635, 635-2 and 635-3 of Kandukur Town where as the said plots are formed in the Unapproved layouts. There is provision to provide the ingress and egress to the unapproved layout and at present the said private lands are vacant. ” 4. Having regard to the submissions made by the learned counsel for the petitioner and on perusal of the written instructions furnished by the learned Standing Counsel for respondent No.4, it is observed that if any ingress and egress road/passage is formed through an unapproved layout, such ingress and egress passage cannot be closed by the respondents without following due process of law and without observing principles of natural justice. If respondent Nos.3 and 4 intended to cancel or remove the same, they are entitled to do so, but by following due process of law and observing principles of natural justice. Therefore, the petitioners herein are directed to submit a detailed explanation/representation along with rough sketch of the passage to the respondents, within a period of two(2) weeks from the date of receipt of copy of this Order. After submitting the same, the 4'^ respondent shall consider the same and pass appropriate orders with reference to the m 6 observations made above, within a period of three(3) months thereafter. 5. With the above direction, 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. Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// JBr ^ SECTION OFFJCER To, 1. The Principal Secretary, Revenue Department, AP Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District collector, Nellore, SPSR Nellore District. 3. The Tahsildar, Kandukur Mandal, SPSR Nellore District. 4. The Municipal Commissioner, Kandukur Municipality, Kandukur, SPSR Nellore District. 5. The Executive Engineer, Roads and Building Department, Kandukur, SPSR Nellore District. 6. One CC to Sri Sivaprasad Reddy Venati, Advocate [OPUC] 7. One CC to Sri G Lakshmi Narayana (SC for Municipalities), Advocate [OPUC] 8. Two CCs to GP for Roads & Buildings, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 10. Two CD Copies TF HIGH COURT DATED:25/06/2025 ORDER WP NO. 14897 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS