APHC010367992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18687/2025 Between: 1. BESTA VENUGOPAL, S/O B. RAMANJANEYULU AGED ABOUT 26 YEARS, OCC AGRICULTURIST R/O 1/89, B.C. COLONY, KASAPURAM, ANANTHAPURAM DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECREATIATE BUILDING, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANANTHAPURAM, ANANTHAPURAM DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, GUNTHAKAL, ANANTHAPURAM DISTRICT. 4. THE TAHASILDAR, KASAPURAM, ANANTHAPURAMDISTRICT. ...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 to issue a writ order or direction, more particularly one in the nature of writ of mandamus declaring the action of the 4th respondent in not taking any action on the representation dated 03-06-2025 submitted by the petitioner to use the age old cart rasta to reach the lands to an extent of Ac. 3071 cents in Sy.No.336-A, Kasapuram village, Guntakal Mandal Ananthapuram District and another as illegal arbitrary and against to the SRS,J W.P.No.18687 of 2025 principles of natural justice and consequently direct the 4th respondent to consider the representation of the writ petitioner dated 03-06-2025 and 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 to direct the 4th respondent to consider the representation of the writ petitioner dated 03- 06-2025 and take necessary action on the representation pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. NAMMI HEMANTH Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: :: ORDER :: The grievance of the petitioner is that the representation dated 03.06.2025 (Ex.P1) made to respondent No.4 has not been disposed of. 2. Heard Sri N. Hemanth, learned counsel for the petitioner, and Sri G. Divya Theja, learned Assistant Government Pleader for Revenue, appeared for respondents 1 to 4. 3. Learned counsel for the petitioner would submit that the petitioner is the absolute owner of Ac.3.71 cents in Sy.No.336A of Kasapuram Village, Gunthakal Mandal, Ananthapur District. The petitioner has been using the rasta for a long time to reach his land. However, said Sri Stayanarayana, is obstructing the petitioner. Hence, the petitioner made a representation to respondent No.4. Page 3 of 4 SRS,J W.P.No.18687 of 2025 4. Sri G. Divya Theja, learned Assistant Government Pleader for Revenue, submitted instructions of Tahsildar, Guntakal. As seen from the instructions, it would reveal that there is no rasta as pleaded by the petitioner, as per revenue records and F.M.B. The adjacent land owner Sri Guduru Sathayanarayana, has Ac.1.41 cents in Sy.No.323-D and has been cultivating his land. The instructions further reveal that the adjacent land owner is ready to provide rasta to the petitioner to reach his land, which was provided earlier. 5. Thus, as seen from the instructions, there is no dispute that the petitioner owned Ac.3.71 cents in Sy.No.336A and Sri G. Satyanarayana has land of an extent of Ac.1.41 cents in Sy.No.323-D. The adjacent owner started cultivating his lands. Before the adjacent land owner started cultivation, the petitioner used the land to reach his land for some time. In fact, the instructions further reveal that there is an alternative land, which the petitioner and his father used, and the adjacent land owner is ready to provide the same. 6. While exercising judicial review under Article 226 of the Constitution of India, this Court normally will not declare the easementary rights. Hence, this Court does not find any merit in the writ petition, and the same is liable to be dismissed. 7. Given the facts and circumstances of the case, the Writ Petition is dismissed. However, this order will not preclude the petitioner from approaching the appropriate authority. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 23.07.2025 TVN SRS,J W.P.No.18687 of 2025 253 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.18687 OF 2025 Date : 23.07.2025 TVN