t i ■ 'i IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATT (Special Original Jurisdiction) FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1188 OF 2025 Between: 1. Bathala Naresh Kumar, S/o. Lakshmi Narsimha Prasad, Aged 44 years, Occ Agriculturist, R/o. D.No. 2-111, Balija Street, Railway Kodur Village and Mandal, Annamayya District, Erstwhile YSR Kadapa District. 2. Bathala Vijay Kumar, S/o. Lakshmi Narasimha Prasad, Aged 40 years, Occ Agriculturist, R/o. D.No. 2-111, Balija Street, Railway Kodur Village and Mandal, Annamayya District, Erstwhile YSR Kadapa District. 3. Bathala Uday Nagendra, S/o. Lakshmi Narasimha Prasad, Aged 38 years, Occ Agriculturist, R/o. D.No. 2-111, Balija Street, Railway Kodur Village and Mandal, Annamayya District, Erstwhile YSR Kadapa District. 4. Bathala Lakshmi Narasimha Prasad, S/o. Narasaiah, Aged 70 years, Occ Agriculturist, R/o. D.No. 2-111, Balija Street, Railway Kodur Village and Mandal, Annamayya District, Erstwhile YSR Kadapa District. ...PETITIONERS^ AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary to Government, Panchayat Raj Department, Secretariat, Velagapudi Amaravati, Guntur District. 0 2. District Panchayat Officer, Annamayya District, At Rayachoti, Erstwhile YSR Kadapa District. 3. Mandal Parishad Development Officer, Railway Kodur Mandal, Annamayya District, Erstwhile YSR Kadapa District. 4. Executive Engineer, PRI Division, Annamayya District Erstwhile YSR Kadapa District. 5. Deputy Executive Engineer, PRI Division, Railway Kodur, Annamayya District, Erstwhile YSR Kadapa District. ...RESPONDENTS 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 in the nature of WRIT OF MANDAMUS declaring the action of the respondents particularly respondents 3 to 5 laying road in the petitioners house site property an extent of 53.33 Sq.Yards situated in Sy.No.38 Paiki, Railway Kodur Village and Mandal, Annamayya District without following any known procedure established by law as illegal, arbitrary, violative of principles of natural justice and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to lay the road in the petitioners said house site property. 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 particularly respondents 3 to 5 not to lay the road in the petitioners house site property situated in Sy.No.38 Paiki in extent 53.33 Sq.Yards, Railway Kodur Village & Mandal, Annamayya District, pending disposal of the main Writ Petition. an Counsel for the Petitioner(s): SRI. K KOUTILYA ^ Respondent Nos.1,2,4,5: GP FOR PANCHAYAT RAJ Counsel for the RURAL DEV Respondent No.3; SRI M SUDHIR, SC FOR ZPPS, MPPS Counsel for the & GRAM PANCHAYAT The Court made the following: ORDER APHC010022792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1188/2025 Between: Bathala Naresh Kumar and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.KKOUTILYA ...RESPONDENT(S) Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ORDER: This writ petition is filed under Article 226 of the Constitution of India, to issue Writ Of Mandamus declaring the action of the Respondents particularly Respondent Nos. 3 and 5 in laying road in the petitioners house site property of an extent of 53.33 sq.yards situated in Sy.no.38, Paiki, Railway Koduru Village & Mandal, Annamayya District without following procedure and consequently direct the respondents not to lay the road in the petitioners said house site property. 1. 2. During hearing, learned counsel for the petitioner, without touching the merits of the case, requested this Court to issue a direction to the respondents not to lay road in the petitioners house site property of an extent of an extent of 53.33 sq.yards situated in Sy.no.38, Paiki, Railway Koduru Village & Mandal, Annamayya District, without following due process of law. Learned Assistant Government Pleader for Panchayat Raj, submitted that, the respondents authorities would follow due process of law and requested to pass appropriate orders. 3. 4. The Petitioner Nos. 1 to 3 are absolute owners and possessorsof land admeasuring an extent of an extent of 53.33 sq.yards situated in Sy.no.38 Paiki, Railway Koduru Village & Mandal, Annamayya District, acquired the same by way of Registered Gift Settlement Deed vide Doc.No. 170/2010 dated 04.02.2010. Since then, the petitioners are in absolute possession and enjoyment of the same. As seen from the affidavit, Respondent Nos.3 to 5 along with their henchmen, interfered with the possession and enjoyment of the petitioners for laying road and trying to interfere with the peaceful possession and enjoyment of the petitioners. 5. When the petitioners are in settled possession and enjoyment of the property, the respondents are not entitled to interfere with the possession and enjoyment of the petitioners and such highhanded action of the respondents would amount to depriving the petitioner’s violating constitutional right guaranteed under Article 300-A of the Constitution of India, besides violation of Article 14 of the Constitution of India. Even assuming for a moment that this petitioners possession is illegal, still, the petitioner is required to be afforded an opportunity before taking appropriate action and in view of the law declared by the Apex Court in ‘Rame Gowda (dead) by LRs. v. M.Varadappa Naidu (Dead) by L.Rs.\ when the petitioners is in settled possession and enjoyment of the property, they cannot be dispossessed, without following due process of law. Therefore, Respondent Nos. 3 to 5 shall not lay road in the subject land belonging to the petitioners, except by due process of law. 2004(1) see 769 \ 6. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs. The miscellaneous petitions pending, if any, shall also stand closed. 7. Sd/- M.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Secretary to Government, Panchayat Raj Department, ^ Secretariat, Velagapudi, Amaravati, Guntur District. 2. District Panchayat Officer, Annamayya District, At Rayachoti, Erstwhil.e. YSR Kadapa District. 1. 3. Mandal Parishad Development Officer, Railway Kodur Mandal Annamayya District, Erstwhile YSR Kadapa District. 4. Executive Engineer, PRl Division, Annamayya District Erstwhile YSR Kadapa District. 5. Deputy Executive Engineer, PRl Division, Railway Kodur, Annamayya District, Erstwhile YSR Kadapa District. 6. One CC to Sri. K Koutilya, Advocate [OPUC] 7. Two CCs to GP For Panchayat Raj Rural Dev ,High Court Of Andhra^ Pradesh. [OUT] 8 One CC to Sri M Sudhir, SC for ZPPS MPPS & Gram Panchayat " [OPUC], 9. ThreeCD Copies AL p HIGH COURT DATED:10/01/2025 ORDER <r WP.No.1188 of 2025 12 FEB 2025 .lO . Current Section DISPOSING OF THE WP WITHOUT COSTS