APHC010391562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI . (Special Original Jurisdiction) /o (/mm 7^: WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE * PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 19758 OF 2025 Between: Chanthati Ramanabai, W/o Latey^Laxmana Rao, Aged 65 years, Occ Cultivation, R/o Tulugu Village, Gara Mandal, Srikakulam District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Panchayat Raj and Rural Development Department, AP Secretariat, Velagapudi, Amaravati, Guntur District. 2. Mandal Parishad Development Officer, Mandal Praja Parishad, Gara Mandal, Srikakulam District. 3. Tulugu Gram Panchayat, Rep. by its Panchayat Secretary, Tulugu Village Gara Mandal, Srikakulam District. 4. Assistant Programme Officer, MGNREGS, O/o Mandal Parishad Development Officer, Mandal Praja Parishad, Gara Mandal, Srikakulam District. 5. District Collector, Srikakulam District. 6. Tahsildar, Gara Mandal, Srikakulam District. 7. Village Revenue Officer, Tulugu Village, Gara Mandal, Srikakulam District. 8. Village Surveyor, Grama Sachivalayam, Tulugu Village, Gara Mandal Srikakulam District. ...Respondents 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 h-pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents 2 to 8 in taking steps to dispossess the petitioner from her lands admeasuring Ac.0.09 cents in Survey No. 161-16, Ac.0.06 cents in Survey No. 161-17, Ac.0.05 cents in Survey No.161-19 and Ac.0.13 cents in Survey No.161-20, (LP Number 2670), situated in Tulugu Village of Gara Mandal in Srikakulam District, for the purpose of laying road under MGNREGS Funds through the petitioners above said lands, without following due process of law, as illegal, irregular, irrational, violative of provisions Andhra Pradesh Panchayat Raj Act, 1994 and rules framed there under and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents 2 to 8 not to lay any road through the petitioners above said lands, without following due process of law. 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 to direct the respondents 2 to 8 not to form any road through the petitioner’s lands admeasuring Ac.0.09 cents in Survey No.161-16, Ac.0.06 cents in Survey No..161-17, Ac.0.05 cents in Survey No. 161-19 and Ac.0.13 cents in Survey No. 161-20, (LP Number 2670), situated in Tulugu Village of Gara Mandal in Srikakulam District, without following due process of law, pending disposal of the main writ petition. Counsel for the Petitioner; SRI SRINIVAS AMBATI Counsel for the Respondents 1 & 4: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondents 2 & 3: SRI Y. KOTESWARA RAO, SC for GRAM PANCHAYAT Counsel for the Respondents 5 to 8: GP FOR REVENUE The Court made the follov\^ing order: APHC010391562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 19758/2025 Between: 1.CHANTHATI RAMANABAI, W/0 LATE LAXMANA RAO, AGED 65 YEARS, OCC CULTIVATION, R/0 TULUGU VILLAGE, GARA MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT. PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. MANDAL PARISHAD DEVELOPMENT OFFICER, MANDAL PRAJA PARISHAD, GARA MANDAL, SRIKAKULAM DISTRICT. 3. TULUGU GRAM PANCHAYAT, REP. BY ITS SECRETARY, TULUGU VILLAGE GARA MANDAL, SRIKAKULAM DISTRICT. PANCHAYAT 4.ASSISTANT PROGRAMME OFFICER, MGNREGS, 0/0 MANDAL PARISHAD DEVELOPMENT OFFICER MANDAL PRAJA PARISHAD, GARA MANDAL, SRIKAKULAM DISTRICT. 5. DISTRICT COLLECTOR, SRIKAKULAM DISTRICT. 6.TAHSILDAR, GARA MANDAL, SRIKAKULAM DISTRICT. 7.VILLAGE REVENUE OFFICER, TULUGU VILLAGE, GARA MANDAL, SRIKAKULAM DISTRICT. 8.VILLAGE SURVEYOR, GRAMA SACHIVALAYAM, TULUGU VILLAGE GARA MANDAL SRIKAKULAM 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 direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents 2 to 8 in taking steps to dispossess the petitioner from her lands admeasuring Ac.0.09 cents in Survey No. 161-16, Ac.0.06 cents in Survey No. 161-17, Ac.0.05 cents in Survey No.161-19 and Ac.0.13 cents in Survey No.161-20, (LP Number 2670), situated in Tulugu Village of Gara Mandal in Srikakulam District, for the purpose of laying road under MGNREGS Funds through the petitioners above said lands, without following due process of law, as illegal, irregular, irrational, violative of provisions Andhra Pradesh Panchayat Raj Act, 1994 and rules framed there under and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents 2 to 8 not to lay any road through the petitioners above said lands, without following due process of law 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 pleased to direct the respondents 2 to 8 not to form any road through the petitioner’s lands admeasuring Ac.0.09 cents in Survey No.161-16, Ac.0.06 cents in Survey No.161-17, Ac.0.05 cents in Survey No. 161-19 and Ac.0.13 cents in Survey No. 161-20, (LP Number 2670), situated in Tulugu Village of Gara Mandal in Srikakulam District, without following due process of law, pending disposal of the main writ petition and pass Counsel for the Petitioner; 1. SRI NIVAS AMBATI Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE The Court made the following; 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA r WRIT PETITION NO:19758/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: '' to issue a writ, order or direction more particularly one in the nature of WRIT OF MANOAMUS declaring the action of respondents 2 to 8 in taking steps to dispossess the petitioner from her lands admeasuring Ac.0.09 cents in Survey No.161-16 Ac. 0.06 cents In Survey No 161-17, Ac. 0.05 cents in Survey No.161-19, and Ac.0.13 cents in Survey No. 161-20, (LP Number 2670), situated in Tulugu Village of Gara Mandal in Srikakulam District, for the purpose of laying road under MGNREGS Funds through the petitioner’s above said lands, without following due process of law as illegal, irregular, irrational, violative of provisions Andhra Pradesh Panchayat Raj Act, 1994 and rules framed there under and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondent Nos. 2 to 8 not to lay any road through the petitioner’s above said lands, without following due process of law and pass such other order or orders....” 2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents. 3. Learned counsel for« the petitioner submits that the petitioner herein is the absolute owner and possessor of the lands admeasuring Ac.0.09 cents in survey No.161-16, Ac.0.06 cents in survey No 161-17, Ac.0.05 cents in survey No.161-19, and Ac.0.13 cents in survey No.161-20, (LP Number 2670) situated in Tulugu Village, Gara Mandal, Srikakulam District having acquired the same through her husband. For which, the then Tahsildar issued pattadar pass book and title deed and the petitioner’s name was also mutated as pattadar and possessor in the revenue records. As such, the petitioner has been in peaceful possession and enjoyment of the said property without there being any interference or hindrance from any quarter since long time. While so, to the utter surprise of the petitioner, the respondent Nos. 2, 3, 4, 6 to 8 are trying to lay road under MGNREG scheme through the petitioner’s land without following due procedure and physically visited the subject property of the petitioner and taken measurements. Hence, the writ petition. 4. On the other hand, learned Standing Counsel for respondent No.3 furnished written instructions dated 29.07.2025 issued by respondent No.3 wherein, it is stated that the alleged measurements were taken only for identification and demarcation of Government property in the subject survey numbers. As of now, there is no resolution of the Gram Panchayat for laying of any road under the MGNREG Scheme. It is further stated that as of now, no works were commenced as alleged by the petitioner. 5. Considering the submissions made by both the learned counsel and on perusal of the material placed on record along with written instructions dated 29.07.2025, it is clear and categorical that the Gram Panchayat is not taking any steps as of now for laying any road through the petitioner’s land. It is also informed that there is no resolution of the Gram Panchayat for formation of any road through the petitioner’s land under MGNREG Scheme. Moreso, it is statutory obligation that, if any road to be laid by the Gram Panchayat under MGNREG Scheme, there shall be a prior approval by way of resolution by the Grama Sabha for laying such road. But, in the instant case, it is only an apprehension on part of the petitioner that the Gram panchayat is taking steps for laying of road through the petitioner’s land since there is no resolution by the Grama Sabha, as of now. Therefore, if the respondents are taking steps for laying any road through the petitioner’s land they shall adhere to the due procedure as contemplated under the MGNREG scheme. Further, it is directed that the land of the petitioner is required for laying of such road, the respondents shall follow due process under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short ‘Act 30 of 2013’). 6. With the above directions, the writ petition is disposed of. There shall be 7. no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- K. TATA RAO deputy REGISTRAR //TRUE COPY// SECTION OFFICER To, to Government, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, A.P.Secretariat , Velagapudi, Amaravati, Guntur District. Mandal Parishad Development Officer, Mandal Praja Parishad, 1. The Principal Secretary 2. The Gara Mandal, Srikakulam District. V 3. The Panchayat Secretary, Tulugu Gram Panchayat, Tulugu Village, Gara Mandal, Srikakulam District. 4. The Assistant Programme Officer, MGNREGS, O/o Mandal Parishad Development Officer, Mandal Praja Parishad, Gara Mandal, Srikakulam District. 5. The District Collector, Srikakulam District. 6. The Tahsildar, Gara Mandal, Srikakulam District. 7. The Village Revenue Officer, Tulugu Village, Gara Mandal, Srikakulam District. * 8. The Village Surveyor, Grama Sachivalayam, Tulugu Village, Gara Mandal, Srikakulam District. 9. One CC to Sri Srinivas Ambati, Advocate [OPUC] One CC to Sri Y. Koteswara Rao, SC for Gram Panchayat 10. [OPUC] 11. Two CCs to GP for Panchayat Raj*& Rural Development, High Court of Andhra Pradesh [OUT] Two CCs to GP for Revenue, High Court of Andhra Pradesh 12. [OUT] 13. Two CD Copies RAM HIGH COURT DATED:30/07/2025 ORDER WP NO. 19758 OF 2025 5 20 SEP 2025 ^ <'? . Current Section DISPOSING OF THE WP WITHOUT COSTS