APHC010306162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15581/2025 Between: 1. M. LEELAVATHI,, D/O LATE MODALA VENKATA NARAYANA, AGED ABOUT 53 YEARS,UNMARRIED AND PHYSICALLY DISABLED, RESIDING UNDER THE CARE AND GUARDIANSHIP OF HER BROTHER SRI MODALA NATARAJ GUPTA, R/O PAPINENIPALLI VILLAGE, ARDHAVEEDU MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY PANCHAYATH RAJ DEPARTMENT SECRETARIAT VELAGAPUDI GUNTUR DISTRICT522001 2. THE DISTRICT COLLECTOR, PRAKASAM, DISTRICT COLLECTOR OFFICE, PRAKASAM DISTRICT. 3. THE TAHSILDAR, OFFICE OF THE TAHSILDAR, ARDHAVEEDU MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH. 4. THE PAPINENIPALLI GRAM PANCHAYAT OFFICE, REP BY ITS PANCHAYAT SECRETARY, PAPINENIPALLI VILLAGE, 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 a writ, order or direction more particularly 2 one in the nature of writ of mandamus declaring the action of the respondents No. 4 allowing the construction of CC road in the petitioner land at Survey No. 350/2 of Papinenipalli Village, Ardhaveedu Mandal Prakasam District, without conducting any survey as illegal arbitrary, unconstitutional and consequently direct the respondent no. 4 to conduct survey before constructing CC road works in the petitioner land at Survey No. 350/2 of Papinenipalli Village, Ardhaveedu Mandal, Prakasam District, and to pass 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 4th Respondent herein not to allow any further laying of CC road in the petitioner land at Survey No. 350/2 of Papinenipalli Village, Ardhaveedu Mandal, Prakasam District and to consider the representation dated 09.06.2025 by the petitioner pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. PILLIX LAW FIRM 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 The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15581/2025 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 respondent No. 4 allowing the construction of CC road in the petitioner land at Survey No.350/2 of Papinenipalli Village, Ardhaveedu Mandal, Prakasam District, without conducting any survey as illegal, arbitrary, unconstitutional and consequently direct the respondent No.4 to conduct survey before constructing CC road works in the petitioner land at Survey No.350/2 of Papinenipalli Village, Ardhaveedu Mandal, Prakasam District and pass such other order.” 2. Heard the learned counsel for the petitioner and the learned Standing Counsel for respondent No.4. 3. Learned counsel for the petitioner submits that the petitioner is the absolute owner of the land admeasuring to an extent of Ac.0.71 cents in Sy.No.350/2 of Papinenipalli Village, Ardhaveedu mandal, Prakasam District, having acquired the same through a registered Will executed by the petitioner’s father. Since then, the petitioner has been in peaceful possession and enjoyment of the subject property. While things stood thus, the respondents are laying a cement road through the said survey number, without conducting 4 any survey or demarcation and without issuing any prior notice to the petitioner. Hence, the present Writ Petition. 4. Learned Standing Counsel for respondent No.4 furnished written instructions dated 28.06.2025 issued by the 4th respondent, wherein it is stated as follows: “It is submitted that this Gram Panchayat for the ingress and egress of the villagers repaired the existing road and he is not going to lay any new road in the petitioner’s property.” 5. Having regard to the submissions made by the learned counsel for the petitioner and on perusal of the written instruction furnished by the learned Standing Counsel for respondent No.4, it is observed that the respondents are not laying any new road in the petitioner’s property. If the respondents intend to lay any new road in the subject survey number, the respondents shall follow due process of law. 6. 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. ________________________________ VENKATESWARLU NIMMAGADDA, J 1155..0077..22002255 TTPPSS 5 90 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:15581 of 2025 1155..0077..22002255 TTPPSS