APHC010404182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 20664/2025 Between: 1. GOLLA VEERA REDDY, S/O G. VENKAT REDDY, AGED ABOUT 67 YEARS, R/O DR. NO. 8-54, NEAR PANCHAYATHI OFFICE, BRAHMANAPALLE VILLAGE, PIDUGURALLA MANDAL, GUNTUR DISTRICT. 2. SRI GOLLAVENKATESWARA REDDY,, S/O G. VENKAT REDDY, AGED ABOUT 58 YEARS, R/O H. NO. 1-257, KARALAPADU VILLAGE PIDUGURALLA MANDAL, GUNTUR DISTRICT. 3. SRI PANDRAJUVENKATARAMAIAH,, S/O PEDDABAY, AGED ABOUT 54 YEARS, R/O DR. NO. 1-208, KARALAPADU VILLAGE PIDUGURALLA MANDAL, GUNTUR DISTRICT. 4. SMT. CHALLAKRISHNAVENAMMA,, W/O YALAMANDA REDDY, AGED ABOUT 63 YEARS, R/O H. NO. 2-19, KARALAPADU VILLAGE PIDUGURALLA MANDAL, GUNTUR DISTRICT. 5. SMT. KOTHAPALLIKOTILINGAMMA,, W/O K. CHINNAYECOBU, AGED ABOUT 67 YEARS, R/O H. NO. 1-57, SC COLONY, KARALAPADU VILLAGE PIDUGURALLA MANDAL, GUNTUR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIVISIONAL PANCHAYAT, OFFICER,NARASARAOPET, PALANADU DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, .GURAZALA DIVISION, PALANADU DISTRICT. 4. THE PANCHAYAT SECRETARY, KARALAPADU GRAMA PANCHAYAT KARALAPADU VILLAGE, PIDUGURALLA MANDAL, GUNTUR DISTRICT. 5. THE THALISDHAR, PIDUGURALLA MANDAL, GUNTUR 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 Writ, or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents, specifically 4th and 5th respondents in attempting to lay a road through the lands belonging to the petitioners situated in Sy. Nos. 305-A, 332-1C, 305, 300, and 312-1 of Karalapadu Village, Piduguralla Mandal, Guntur District, without there being no existing car track road available in the village map, as illegal, arbitrary, and violative of the fundamental rights guaranteed under Articles 14, 19, and 300-A of the Constitution of India, and contrary to the express provisions of the Panchayat Raj Act, 1994. Consequently, direct the respondents not to interfere with the petitioners' possession and enjoyment of their lands situated in Sy. Nos. 305-A, 332-1C, 305, 300, and 312-1 of Karalapadu Village, Piduguralla Mandal, Guntur District, 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 pleased to direct the respondents not to interfere with the petitioners' possession and enjoyment of their lands situated in Sy. Nos. 305-A, 332-1C, 305, 300, and 312-1 of Karalapadu Village, Piduguralla Mandal, Guntur District, pending disposal of the present Writ Petition, and pass Counsel for the Petitioner(S): 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:20664/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue Writ or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents, specifically 4th and 5th respondents in attempting to lay a road through the lands belonging to the petitioners’ situated in Sy.Nos.305-A, 332-1C, 305, 300 and 312-1 of Karalapadu Village, Piduguralla Mandal, Guntur District without there being no existing cart track road available in the village map as illegal, arbitrary and violative of the fundamental rights guaranteed under Articles 14, 19 and 300-A of the Constitution of India and contrary to the express provisions of the Panchayat Raj Act, 1994 Consequently direct the respondents not to interfere with the petitioners’ possession and enjoyment of their lands situated in Sy.Nos.305-A, 332-1C, 305, 300 and 312-1 of Karalapadu Village, Piduguralla Mandal, Guntur District and pass such other order or orders…” 2. Heard learned counsel for the petitioners, learned Government Pleader for Revenue and learned Standing Counsel for Gram Panchayat appearing for the respondents. 3. The case of the petitioners herein is that the respondent Nos. 3 to 5 are trying to lay road through the petitioners’ land in Sy.Nos.305-A, 332-1C, 305, 300 and 312-1 of Karalapadu Village, Piduguralla Mandal, Guntur District without issuing any notice and without following due process as contemplated under the provisions of the Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 (in short ‘ACT 30 of 2013’). Hence, the writ petition. 4. On the other hand, learned Government Pleader for the respondents furnished written instructions dated 04.08.2025 issued by respondent No.5, wherein, it is stated that neither respondent Nos. 3 to 5 and others are laying any road nor there is proposal to lay any road through the petitioners’ land as alleged by the petitioners. 5. On instructions, learned Standing Counsel for Gram Panchayat appearing for respondent No.4, specifically submitted that respondent No.4 has not initiated any action for laying any road in respect of the subject land of the petitioners as alleged. 6. Considering the submissions made by both the learned counsel and in view of clear and categorical statements made by the learned Standing Counsel and learned Government Pleader for the respondents, the contention of the petitioner that the respondent Nos. 3 to 5 are laying road through the petitioners’ land without following due process of law and without issuing any prior notice is only an apprehension. Further, it is clear that the respondents are not trying to lay any road through the petitioners’ land. 7. In view of the foregoing discussion, the writ petition is disposed of with a direction, if at all the respondents intend to lay any road in respect of the petitioners’ land as mentioned above, they shall adhere to the due process as contemplated under the law. Without observing the same, the respondents are directed not to interfere with the possession and enjoyment of the property of the petitioners’. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 07.08.2025 BSP 13 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.20664 of 2025 07.08.2025 BSP