APHC010434422025 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22308 OF 2025 Between: Nagendra, S/o. G Chinna Naganna, Aged about 34 Bathalur village, Allagadda Mandal, Kurnool years, R/o. 1-126B, ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Nandyal District. 3. The Revenue Divisional Officer, Nandyal Division 4. The Tahsildar, Allagadda Mandal. 5. The Gram Panchayat of Bathaluru, Rep. by its Panchayat Secretary. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the obstructing the petitioner's i may be action of the respondents in ingress and egress to his residence by preventing using the C.C. Road of Indiramma Colony, Bathaluru Village, Allagadda Mandal, Nandyal District, him from and in issuing the impugned notices dated 15.07.2025 and 01.08.2025, as illegal, arbitrary and violative of Articles 14, 19(1)(d) and 21 of the Constitution respondents to permit the petitioner and other similarly situated residents of said C.C. Road for ingress and egress to their of India, and Consequently direct the YSR Colony to use the houses. 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 obstruct the ingress and egress of the direct the respondent officials not to petitioner and other residents Indiramma Colony in Bathaluru Village, Allagadda Mandal, pending disposal through the existing C.C. Road situated of the Writ Petition. Counsel for the Petitioner: SRI S. V. RUTHVIK Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent Nos.2 to 4:GP FOR REVENUE Counsel for the Respondent No.5;SRI M. SUDHIR, SC FOR Z.P.Ps, M.P.Ps, GRAM PANCHAYATS The Court made the following order: APHC010434422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22308/2025 Between: 1.NAGENDRA. S/0. S/0. G CHINNA NAGANNA, AGED ABOUT 34 YEARS, R/0. 1-126B, BATHALUR VILLAGE, ALLAGADDA MANDAL, KURNOOL ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, PANCHAYAT RAJ AND RURAL DEPARTMENT, REP BY SECRETARIAT, DEVELOPMENT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, NANDYAL DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, NANDYAL DIVISION 4.THE TAHSILDAR, ALLAGADDA MANDAL. 5.THE GRAM PANCHAYAT OF BATHALURU, REP. BY ITS PANCHAYAT SECRETARY. ...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 the respondents in obstructing the petitioner's ingress and egress to his residence by preventing him from using the C.C. Road of Indiramma Colony, Bathaluru Village, Allagadda Mandal, Nandyal District, and in issuing the impugned notices dated 15.07.2025 and 01.08.2025, as illegal, arbitrary and violative of Articles 14, 19(1)(d) and 21 of the Constitution of India, and Consequently direct the respondents to permit the petitioner and other similarly situated residents of YSR Colony to use the said C.C. Road for ingress and egress to their houses 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 direct the respondent officials not to obstruct the ingress and egress of the petitioner and other residents through the existing C.C. Road situated Indiramma Colony in Bathaluru Village, Allagadda Mandal, pending disposal of the Writ Petition, and pass Counsel for the Petitioner: 1.S VRUTHVIK Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE 3.Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22308/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in obstructing the petitioner's ingress and egress to his residence by preventing him from using the C.C. Road of Indiramma Colony, Bathaluru Village, Allagadda Mandal, Nandyal District, and in issuing the impugned notices dated 15.07.2025 and 01.08.2025, as illegal, arbitrary and violative of Articles 14, 19(1)(d) and 21 of the Constitution of India, and Consequently direct the respondents to permit the petitioner and other similarly situated residents of YSR Colony to use the said C. C. Road for ingress and egress to their houses and pass such other order.” 2. Heard the learned counsel for the petitioner, learned Government Pleader for respondent Nos.1 to 4 and the learned Standing Counsel for respondent No.5. 3. Learned counsel for the petitioner submits that the petitioner is a permanent resident and absolute owner and possessor of a residential house situated at Rajashekar Reddy Colony which is adjacent to the Indiramma Colony which is formed in Sy.Nos.64-3A, 64-3B, 64-4, 258-3B1, 258/4A, 258/3A3A, 258/3B3A of Bathalur Village, Allagadda Mandal. While so, the petitioner has been utilizing the CC road of Indiramma Colony for his ingress and 3 egress apart from the CC road provided for Rajashekar Colony, since his house is situated in between the two roads. 4. Learned counsel for the CC road was formed to cater the i Reddy petitioner further submits that the needs/amenities of the public. The road of Indiramma ingress and egress of the petitioner through CC Colony cannot be denied once the subject road is classified as public considering the right of the road. Without respondent/Gram Panchayat issued 01.08.2025 obstructing the “Right ingress and egress through the CC Hence, the Writ Petition. petitioner, the 5‘^ notices dated 15.07.2025 and of Way”of the petitioner to have road of Indiramma Colony. 5. On the other hand, respondent No.5 furnished wherein it is stated as follows; learned Standing Counsel written instructions dated 27.08.2025, for “The Village Surveyor, Bathalur has reported that, Nagendra is residing at the layout of Sy.No.64-3A, 64- 3B, 64-4, 258-3A,1, 258-3B1, 258/4A, 258/34A3A, 258/3B3A, Rajasekhar Reddy Colony, which is adjacent to indramma Colony layout in Bathalur Village. He having rastha in his layout for his house. But he been passing through Indramma IS has Colony by maintaining a door towards Indramma Colony. But the people of Indramma Colony have objecting residing at Rajasekhar Reddy Colony passing through Vijayanagaram Rastha that oth&r people have been only except G Nagendra Petitioner herein. 5 6. Learned Standing Counsel further submits that it is not the case of the petitioner that he did not have any other access for his ingress and egress and he is very much provided rasta by way of CC road in Rajashekar Reddy colony where his house plot is situated. Therefore, utilizing the CC road of Indiramma Colony which is another layout cannot be permitted. Therefore, the notices issued by the Gram Panchayat to the petitioner do not warrants any interference of this Court. 7. Considering the submissions of both the learned counsel and on perusal of the material placed on record more particularly the instructions issued by the S*'' respondent/Gram Panchayat, it is observed that two layouts were formed and recognized/notified within the jurisdiction of the Gram Panchayat. One is that Indiramma Colony another is Rajeshekar Reddy Colony. Indisputably the house of the petitioner was situated within the layout of Rajashekar Reddy Colony, which was provided a CC road to have an access to the main raod. AS such the petitioner has an access for his ingress and egress through the CC road formed at Rajashekar Reddy colony. Additionally, due to the location of the petitioner’s house, another access is also be available via the CC road provided at Indiramma Colony. It is settled law as per Section 58 or 53 of Panchayat Raj Act, 1994 and Rules 2002, once the roads were formed in a layout, that should be treated/notified as public roads and nobody can have 6 exclusive rights over the subject roads and the same were vested with the local authority i.e., S'" respondent/Gram panchayat. Once the roads individual/any householder can utilize to access, the denied. were classified as public roads, anybody/any same cannot be 8. In view of the access/ingress and public road cannot be detained/restrained once it is notified as layout/public road. In reasons stated above, the petitioner’s egress through Indiramma Colony road by the Gram Panchayat, view of the same the notices issued by the Gram Panchayat are hereby set aside. I.e., 9. Accordingly, the Writ Petition is allowed. There shall be order as to costs. no As a sequel miscellaneous application also stand closed. , pending, if any, shall Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj Department, State of Andhra Pradesh, Amaravati, Guntur District. 2. The District Collector, Nandyal District. 3. The Revenue Divisional Officer, Nandyal Division 4. The Tahsildar, Allagadda Mandal. 5. The Panchayat Secretary, Gram Panchayat of Bathaluru. and Rural Development Secretariat, Velagapudi, 6. One CC to Sri S. V. Ruthvik, Advocate [OPUC] One CC to Sri M. Sudhir, SC for Z.P.Ps, M.P.Ps, Gram Panchayats [OPUC] ~- Two CCs to GP for Panchayat Raj and Rural Development, High Court of Andhra Pradesh [OUT] Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 10. Two CD Copies. 7. 8. 9. ssb , I HIGH COURT DATED:04/09/2025 ORDER WP No. 22308 OF 2025 5 2 0 SEP 2025 H ^ . Current seciion ALLOWING THE W.P. WITHOUT COSTS