APHC010345282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17286 OF 2025 Between: 1. Chollangi Venkata Lakshmi, W/o. Chollangi Satyanarayana, Aged 51 years, Occ.Housewife, R/o. 6-35/1, Main Road, Kapileswarapuram Mandalam, Nagula Cheruvu Village, East Godavari District, Andhra Pradesh - 533305. 2. Sri Chollangi Shanmukha Suresh, S/o. Chollangi Satyanarayana, Aged 38 years, Occ. Agriculturist, R/o. 6-35/1, Main Road, Kapileswarapuram Mandalam, Nagula Cheruvu Village, East Godavari District, Andhra Pradesh - 533305. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Guntur District - 522238. 2. The District Collector, (Panchayat Wing), Dr. B.R. Ambedkar Konaseema District, Amalapuram, Andhra Pradesh - 533201. 3. Nagulacheruvu Gram Panchayat, rep by its Village Secretary, Dr. B.R- Ambedkar Konaseema District - 533201. ...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. i) Issue a Writ of Mandamus or any other appropriate writ order direction, declaring the action of the Respondents, particularly Respondent No.3, in entering the Petitioners' land and laying road without lawful authority or acquisition, as illegal, arbitrary, violative of Articles 14, 21 and 300-A of the Constitution of India or ii)Direct the Respondents to forthwith stop all construction and road-laying activities over the land in RS No. 42/3 of Nagulacheruvu Village, belonging to the Petitioners (iii) Direct the Respondents to restore the Petitioners' possession and status quo ante their respective lands. over lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to; (a) Suspend the operation of the notice dated 17.06.2025 and restrain the Respondents, their agents and men from carrying out any activity over the land in RS No. 42/3 belonging to the Petitioners; pending disposal of the above writ petition. lA NO: 2 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 to; (a) Direct maintenance of status quo with respect to the land in question pending disposal of the above writ petition. Counsel for the Petitioners: SRI N. RAVI PRASAD Counsel for the Respondent Nos.1 & 2 : GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.3 : SRI Y. KOTESWARA RAO, SC FOR GRAM PANCHAYAT The Court made the following order: APHC010345282025 ( IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17286/2025 Between: TCHOLLANGI VENKATA LAKSHMI, W/0. CHOLLANGI SATYANARAYANA, AGED 51 YEARS, OCC.HOUSEWIFE, R/0. 6- 35/1, MAIN ROAD, KAPILESWARAPURAM MANDALAM, NAGULA CHERUVU VILLAGE, EAST GODAVARI DISTRICT, ANDHRA PRADESH - 533305. 2. SRI CHOLLANGI SHANMUKHA SURESH,, S/O. CHOLLANGI SATYANARAYANA, AGED 38 YEARS, OCC. AGRICULTURIST, R/0. 6-35/1, MAIN ROAD, KAPILESWARAPURAM MANDALAM, NAGULA CHERUVU VILLAGE, EAST GODAVARI DISTRICT, ANDHRA PRADESH - 533305. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT- 522238. PANCHAYAT RAJ AND RURAL DEVELOPMENT 2.THE DISTRICT COLLECTOR, (PANCHAYAT WING), DR. B.R. AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM, ANDHRA PRADESH - 533201. 3.NAGULACHERUVU GRAM PANCHAYAT, REP BY ITS VILLAGE SECRETARY, DR. B.R. AMBEDKAR KONASEEMA DISTRICT - 533201. A / ...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. i) Issue a Writ of Mandamus or any other appropriate writ order or direction, declaring the action of the Respondents,particularly Respondent No.3, in entering the Petitioners' land and laying road without lawful authority or acquisition, as illegal, arbitrary, violative of Articles 14, 21 and 300-A of the Constitution of India ii)Direct the Respondents to forthwith stop all construction and road-laying activities over the land in RS No. 42/3 of Nagulacheruvu Village, belonging to the Petitioners (iii) Direct the Respondents to restore the Petitioners' possession and status quo ante over their respective lands (iv) and to 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 pleased to: (a) Suspend the operation of the notice dated 17.06.2025 and restrain the Respondents, their agents and men from carrying out any activity over the land in RS No. 42/3 belonging to the Petitioners; pending disposal of the above writ petition and to pass lA NO: 2 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 Pleased to: (a) Direct maintenance of status quo with respect to the land in question pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1. N RAVI PRASAD Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: THE HOf^OiyRABLE SR? JUSTICE VEiMKATESWARLIJ NlfyiMAGADDA mfRIT PETITION NO: 17286/2025 Or^DER: The; present writ petition is filed under Article 226 of the Constitution of India seeking follov/ing relie To i) Issue a Writ of Mandamus or any other appropriate writ oraer or direction declaring the action of the Respondents particuiarty Respondent No.3 in entering the Petitioners’ land and laying road without lawful authority or acquisition as illegal, arbitrary, violative of Articles 14, 21 and 300~A of the Constitution of India; il) Direct the Respondents to fodhwith stop all construction and road laying activities over the land in R.S.No.42/3 of Nagulacheruvu Village, belonging to the Petitioners, Hi) Direct the Respondents to pastors the Petitioners possession and status quo ante over their respective lands; iv) and to pass and pass such other order or orders as this Hon’ble Coun deems fit just and proper in the circumstances of the case..” 2. Heard Sri ETSurya Chandra, learned counsel representing learned counsel for the petitioners and learned Standing Counsel for Gram Panchayat for the responderits. Learned counsel for the pelitioners submits that the petitioner No.1 3. herein is the abc elute owner and possessor of the land admeasuring to an extent of 217.8 Sa.yds In R,S.No.42/3 and Petitioner No..2 is the absolute owner and possessor of the land to an extent of 380 Stpyds in R.3.No.42/3 situated at Magiriacherudy Village, Vakatippa Outskirts, Kapiieswarapuram i' Mandal, Dr.B.R.Afnbedka: Konaseema District having quired the same through valid registered sale deeds vide document Me 4448 of 2021 dated 09.09.2021 and 4325 of 2020 dated 21,11.2020 respectively. Since the date of acquisition, the petitione'^s herein have been in peacefui possession and enjoyment of their respective said extents of land. While so, without there being any necessity or reason, the Grasr^ Panchayat i.e respondent No,3 herein issued a notice r?il dated directing the petitioners herein to submit their documents to prove their title over their respective subject properties. For which, the petitioners herein submitted their detailed explanation dated 18.06.2025 along with the documents proving their possessior'i and title over their respective subject propehies. bven after receipt of such explanation as well as documents subm!tt€;d by the petitioners, the respondent No.3/ Gram Panchayat surveyed and demarcated the petitioners lands through the Village Surveyor in the presence' of Panchayat Secre?tary and other staff on 03.07.2025, without issuing any notice to the petitiones's;. After the survey, the village surveyor conlirmed the land O'"' the petitioners is an extent 217.8 Sq.yds and 380 Sq.yds in R.S No.42/3. Learned counsel for tiie petitioners further submits that even though the 4. petitioners acquired the subject pronerty through valid sale deeds, the respondent No.3 as per the resolution dated 03.10,2004 is trying to lay the CC Road through the petitioners’ land without: followin'g oue proceiss of law. Hence, the writ petition. ■s On the other hand, learned Standing Counsel for Gram Panchayat • appearing for the respondents furnished written instructions along with survey report as well as the title deeds under which the petitioners acquired the subject properties and also resolution passed by the Gram Panchayat sanctioning various infrastructure development works including laying of roads and one of that was proposed to be laid abutting to the petitioners’ land but i/ 5. not through the petitioners’ land as alleged. Learned Standing Counsel for the respondents states that in view of the 6. survey report submitted by the village siirveyor,, the petitioners are holding the extents of land as stated above having acquired through registered sale deeds. He further submits that in the event, if any land of the petitioners is required for laying of the road pursuant to the resolution, the respondents shall acquire the same by foliov/ing due process of law. Considering the submissions made by ihe learned counsel for the petitioners and learned Standing Counses appearing for the respondents and on perusal of the material placed on record, it is an admitted fact that the petitioners herein are the absolute owners and possessors of the subject lands i.e., an extent of 217,8 Sq.yds and 380 Sq.yds in R.S.No.42/3 and the 7. same was confirmed by the respondent Mo.3 through village surveyor report ny saying of road by respondent No.3 as proposed by way of resolution dated 03,10,2004, if any portion of the land of dents shall adhere tc- the due procedure 'Therefore, for dated 03.07.,202 the petitioners is ■'■eijuir resp' ompensation And Transparency in as contemplated ur'der tne Fright to Fair ^ hcri ‘Act 30 Land Acquisition, Rehabilitation And Resettienie < fA f) \.,5 dC[. of 2013’). In view of the foregoing discussion, trie present writ peli-bn is disposed 8. of, directing the respondents to follow due process cd iw as coriternpiated under Act 30 of 2013, if at all any portion of the bud of the petitioners is required for laying of road as per the rasclution of the respcrndent uthorities. a Further, the respondents are directed not to interfere with the peaceful possession and enjoyment of petitioners’ subject propecrties without following the due procedure and without observing principles of natural justice. No costs. Consequently, MisceHaneous Petitions, if any. jing in the writ r ‘"‘f petition shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// ER SECtlQ To 1. The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District - 522238. 2. The District Collector, (Panchayat Wing), Dr. B.R. Ambedkar Konaseema District, Amalapuram, Andhra Pradesh - 533201. 3. The Village Secretary. Nagulacheruvu Gram Panchayat, Dr. B.R. Ambedkar Konaseema District - 533201. 4. One CC to Sri N. Ravi Prasad, Advocate [OPUC] 5. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh [OUT] 6. One CC to Sri Y. Koteswara Rao, SC for Gram Panchayat (OPUC) 7. Two CD Copies Cnr a HIGH COURT DATED:01/08/2025 ORDER WP NO. 17286 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS