APHC010015542020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 916/2020 Between: 1. PATURI SREEDEVI, W/O. MOHAN RAO, AGED ABOUT 32 YEARS, OCC PROPERITOR, SVM ECO BLOCKS, VEMURU VILLAGE AND PANCHAYAT, GUNTUR DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY (PANCHAYAT RAJ AND RURAL DEVELOPMENT ), SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE COMMISSIONER, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, TADEPALLI GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR. 4. THE CHIEF EXECUTIVE OFFICER, ZILLA PARISHAD, GUNTUR. 5. THE DISTRICT PANCHAYAT OFFICER, GUNTUR. 6. THE MANDAL PARISHAD, DEVELOPMENT OFFICER VEMURU MANDAL, GUNTUR DISTRICT. 7. THE MANDAL REVENUE OFFICER, VEMURU MANDAL, GUNTUR DISTRICT. 8. THE TAHSILDAR, VEMURU MANDAL, GUNTUR DISTRICT. 9. THE VEMURU GRAM, PANCHAYAT VEMURU VILLAGE, VEMURU 2 MANDAL, SPSR NELLORE DISTRICT REP BY ITS 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 pass an order or orders or direction more particularly one in the nature of a Writ of Mandamus declari ig the proposed action of the respondents in trying to construct the Village Secretriat of Vemuru Gram Panchayat in Sy No. 83B-9, of Vemuri Village, Guntur District, by trying to evict the petitioner from the above land without issuing any Notice as illegal arbitrary and also in violation of petitioners rights guaranteed under the Constitution of India and consequently direct the respondents for not to interfere with the petitioner possession land in Sy No. 83B-9, to an extent of Ac 0-59 cents of Vemuri Village Guntur District, without following due process of law IA NO: 1 OF 2020 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 for to stop the construction of Village Secretriat of Vemuru Gram Panchayat in Sy No. 83B-9, to an extent of Ac 0-59 cents of Vemuri Village, Guntur District, which is in possession and enjoyment of petitioner, without following due process of law, pending disposal of the above writ petition Counsel for the Petitioner: 1. V ROOPESH KUMAR REDDY Counsel for the Respondent(S): 1. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 2. GP FOR PANCHAYAT RAJ RURAL DEV (AP) 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.916 OF 2020 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to pass an order or orders or direction more particularly one in the nature of a Writ of Mandamus declaring the proposed action of the respondents in trying to construct the Village Secretariat of Vemuru Gram Panchayat in Sy.No.83B-9 of Vemuri Village, Guntur District by trying to evict the petitioner from the above land without issuing any Notice as illegal, arbitrary and also in violation of petitioners rights guaranteed under the Constitution of India and consequently direct the respondents not to interfere with the petitioner possession land in Sy.No.83B-9 to an extent of Ac.0.59 cents of Vemuri Village, Guntur District, without following due process of law and pass such other order or orders...” 2. Heard learned counsel for petitioner, learned Government Pleader for Panchayat Raj and Rural Development and learned Standing Counsel for the respondents. 3. Learned counsel for the petitioner submits that the petitioner herein is running a Fly-Ash brick manufacturing unit in the name and style of SVM Eco Blocks in Sy.No.83B-6, 83B-7 and 83B-8 situated at Vemuru village and Panchayat, Guntur District from 2016 only after obtaining due permission/ approval from the CRDA. He further submits that for ingress and egress to the brick industry, the petitioner is making use of the Local Fund Road in the Sy.No.83B-9 to an extent of Ac.0.59 cents of the subject Village. While so, contrary to the nature of the land, respondent Nos. 2 to 6 are proposing to construct a Village Secretariat in respect of Ac.0.15 cents in Sy.No.83B-9 which is 4 classified as Local Fund Road. Aggrieved by the said action, the petitioner filed the present writ petition. 4. Learned counsel for the petitioner further submits that at the time of hearing, this Court was pleased to pass an interim order dated 17.01.2020. The operative portion of the said order is extracted hereunder: “Considering the submissions of the learned counsel and on perusal of the record, this Court is prima facie satisfied that construction of the Village Secretariat in Sy.No.83B-9, Vemuri Village causes obstruction for ingress and egress of public. Having regard to the facts and circumstances of the case, the petitioner has shown sufficient cause for grant of interim direction. Hence, there shall be interim direction as prayed for.” 5. He further submits that pursuant to the said interim orders, the road was not converted and no construction has been taken place, so far. 6. On the other hand, learned Government Pleader for Respondents submits that as of now no construction is being taken place in the Sy.No.83B-9 pursuant to the orders of this Court. He further submits that if at all the respondents intend to make any construction or to convert/ change the nature of the land, they would follow due process of law. 7. considering the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and on perusal of the material placed on record, it is observed that the subject land where proposed construction of Village Secretariat is proposed is classified as Local Fund Road (Road laid by the 4th respondent being the district local authority). It is a settled law that no construction can be allowed/ permitted in respect of the land 5 which are specifically classified as Local Fund Roads and other specific nature of lands. In the instant case, the subject land is specifically classified as Local Fund Road, as such, no permission can be granted for any constructions. Moreover, in view of the interim orders of this Court, the subject land is still intact. 8. In view of the foregoing discussion, this writ petition is disposed of, directing the respondents to follow due procedure as contemplate under the Act, if at all they intend to make any further construction or to change the nature of the land in Sy.No.83B-9 of the subject village. Without following due process of law, the petitioner cannot be deprived of from using the subject land for ingress and egress to his land. There shall be no order as to costs. Consequently, miscellaneous petitions, pending, if any, shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J Date:28.08.2025 BSP 6 361 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.916 OF 2020 DATED:28.08.2025 BSP