::1:: APHC010340482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17245/2025 Between: 1. YANDAVA ANANTHA NAIDU, S/O. APPALA SURYA AGED ABOUT 50 YEARS, OCC AGRICULTURE, R/O.D.NO.1-192, YPARTHA VILLAGE, BURJA MANDAL, SRIKAKULAM,ANDHRA PRADESH, 532445. 2. SRI.YANDHAVA MADHAVA RAO, , S/O.CHANDRI NAIDU AGED ABOUT 35YEARS, OCC AGRICULTURE, R/O.D.NO.1-191, YETIVODDUPARTHA, BURJA MANDAL SRIKAKULAM, ANDHRA PRADESH, 532445. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PR AND RD DEPARTMENT, SECRETARIAT, AMARAVATHI. 522503. 2. THE DISTRICT COLLECTOR AND DISTRICT PROGRAMME COORDINATOR, MGNERGS, SRIKAKULAM DIST., AP, 532001. 3. THE COMMISSIONER, PR AND RD TADEPALLI, GUNTUR DISTRICT, A.P. 522501. 4. THE SUPERINTENDENT ENGINEER, PANCHAYAT RAJ AND RURAL DEVELOPMENT (PR AND RD) SRIKAKULAM, DIST., A.P. 532001. 5. THE DEPUTY EXECUTIVE ENGINEER, PANCHAYAT RAJ AND RURAL DEVELOPMENT (PRAND RD), AMADALAVALASA SUB-DIVISION, SRIKAKULAM DISTRICT, A.P 6. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ AND RURAL DEVELOPMENT (PR AND RD), AMADALAVALASA SUB-DIVISION SRIKAKULAM, DIST., A.P. 532001 7. THE ASSISTANT EXECUTIVE ENGINEER, PANCHAYAT 2 RAJ AND RURAL DEVELOPMENT (PR AND RD), BURJA MANDAL, SRIKAKULAM, DIST., A.P. 532001 ...RESPONDENT(S): This Court made the following ORDER:- 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “ to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in demolishing the cattle shed and encroaching the vacant land of the petitioners situated in Y Partha Village at Burja Mandal, Amadalavalasa constituency, Srikakulam District, AP, without prior notice for construction of CC Road and drain works in Sl.no.8 i.e. laying of CC Road with protection wall from R and B Road (Estimated cost Rs.9.5 Lakhs) to Yendava Rama Krishna field in Y Parth village of Donkalapatha GramPanchayat (GP) of Burja Mandal, Srikakulam District, A.P vide Proceedings Rc.No.67/2024/EGS/DCC dated 28- 01- 2025 under MGNREGS Scheme is illegal, arbitrary. Unjust contrary to law and violation of Article 14, 19, 21 and 300-A of the Constitution of India and consequently, direct the respondents not to demolish the cattle shed and encroaching the vacant land situated in Y Patha Village at Burja Mandal, Amadalavalasa constituency, Srikakulam District, AP by suspending the proceedings Rc.No.67/2024/EGS/DCC dated 28-01-2025 and pass… 2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Panchayat Raj and Rural Development appearing for the respondent Nos.1 to 7. 3 3. The learned counsel for the petitioners submits that the petitioners are the owners of the cattle shed bearing No. 1-192, situated at Y. Partha Village, Burja Mandal, Srikakulam District, and have been in possession and enjoyment of the said property, having inherited the same from their ancestors. He further submits that the respondents are laying a CC road adjacent to the petitioner’s property and they are interfering with the petitioner’s land without following due procedure. Hence, the present writ petition. 4. On the other hand, the learned Assistant Government Pleader for the respondents furnished written instructions dated 17.07.2025 issued by the 2nd respondent wherein it is stated as below:- “(3) It is respectfully submitted that this Respondent has issued administrative sanction for the construction of a CC Road with a protection wall from R&B Road to Yendava Rama Krishna field in Y. Partha Village, Donkalapartha Gram Panchayat, Burja Mandal, Srikakulam District, at an estimated cost of Rs. 9.50 Lakhs vide Proceedings Rc.No.67/2024/EGS/DCC dated 28.01.2025 under the MGNREGS scheme and the execution of the said work was entrusted to the Panchayat Raj Department. Based on the report of the Engineering officials of the Panchayat Raj, PIU Division, Srikakulam, the CC Road was sanctioned along an 4 existing road with a width of approximately 5.30 meters. The sanction and execution of the said work were undertaken in accordance with MGNREGS guidelines, which require Gram Sabha approval. (4) The Tahsildar has mentioned that the said Door No.1-192 is not related to this land. More over the land on which the road is proposed to be constructed in Gramakantam, without any encroachment. PR Department is constructing CC road in the place of existing road and hence no notice has been given to the petitioner”. 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for Panchayat Raj and Rural Development appearing for respondent Nos.1 to 7, and on perusal of the material available on record, it appears that the respondents are carrying out civil works for laying a CC road in the place of an existing adjacent road. Further, it is observed that the petitioner has neither filed any title deed to substantiate their right and title over the subject property nor produced any material to establish that they are in possession of the subject property, except for a mere assertion that it was inherited from their ancestors. In the absence of any evidence to show that the subject land is held by the petitioners either by way of title or by way of 5 possession, the claim of the petitioners for a direction to the respondents to follow due procedure cannot be entertained. However, if the petitioners are in possession of any road margin or government land by way of encroachment, as per settled law, the respondents are obligated to follow the due procedure contemplated under law, even for eviction or removal of encroachment. 6. In view of the above reasons, the respondents are directed to follow the due procedure as contemplated under the Andhra Pradesh Panchayat Raj Act, 1994 and the A.P. Land Encroachment Act, 1905, if the petitioners are found to be in possession of the subject land. 07. With the above observation, the writ petition is disposed of. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 18.07.2025 klk 6 64 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.17245 of 2025 18.07.2025 klk