IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JANUARY I* TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA WRIT PETITION NO: 1365 OF 707*; AMARAVA PRASAD ^ Between: ASESnfS." p™""' "“A Apmppp ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Princioal Secretarv Diltric^®"^^’ Buildings, Velagapudi, Laravathi ^ 2. The District Collector, Anantapur, Anantapur District. ^ Dislricr^^^' Revenue Officer, Anantapur Rural Mandal 4. The Mandal Surveyor, O/o. Mandal Revenue Officer Anantapur District. Revenue Guntur Anantapur Anantapur, ' MandT^naXToiSricT' Anantapuramu Rural ® ^ufafSaf,'An1Sap“!?r"’' ^nantapuram u ...Respondents Petition under Articie 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction may more particularly one in the nature of Writ of mandamus declaring the action of the respondents, more particularly the action of the respondents especially respondents herein in interfering and trying to dispossess the petitioner from the peaceful possession and enjoyment of the petitioners land No. 3 to 6 admeasuring an \ extent of Ac. 1.10 cents,, situated in Sy. No. 166/IB, of Alamuru Village fields, Anantapur Mandal, Anantapur District by laying road without issuing any-notice, or giving opportunity of hearing or paying compensation or imthating proceedings under Act No. 30 of 2013 or by following due process of law as being highly illegal, unfair, unjust, unreasonable, violative of principles of natural justice apart from violation of Articles 14, 19, 21 and 300-A of Constitution of India and consequently direct the respondents to interfere with the peaceful possession and enjoyment of the petitioners land admeasuring an extent of Ac. 1.10 cents, situated in Sy. No. 166/IB, of Alamuru Village fields, Anantapur Mandal, Anantapur District without following due process of law. not 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 herein not to take any coercive steps against the petitioner by dispossessing the petitioner from his land admeasuring an extent of Ac. 1.10 cents, situated in Sy. No. 166/IB, of Alamuru Village fields, Anantapur Mandal, Anantapur District pending disposal of the writ petition. Counsel for the Petitioner: SRI V NITESH Counsel for the Respondents: GP FOR REVENUE The Court made the following order: 1 APHC010021972025 [3328] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1365/2025 Between: 1.ELLURI BAYANNA, , S/0. LATE ELLURI BAYANNA, AGED ABOUT 64 YEARS, OCC AGRICULTURIST, R/0. D.NO. 28-3-160-22, FLAT NO. 304, SAIRAM COMFORTS APARTMENTS, SARADA NAGAR 5TH CROSS, TARAKNATH COLONY, ANANTAPUR, ANANTAPUR DISTRICT, A.P ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, ANANTAPUR, ANANTAPUR DISTRICT. 3.THE MANDAL REVENUE OFFICER, ANANTAPUR RURAL MANDAL, ANANTAPUR DISTRICT. 4.THE MANDAL SURVEYOR, 0/0. MANDAL REVENUE OFFICER, ANANTAPUR, ANANTAPUR DISTRICT. 5.THE VILLAGE REVENUE OFFICER, ALAMURU VILLAGE, ANANTAPURAMU RURAL MANDAL, ANANTAPUR DISTRICT 6.THE SURVEYOR, GRAMA SACHIVALAYAM, ALAMURU VILLAGE, ANANTAPURAMU RURAL MANDAL, ANANTAPUR DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 2 1.V NITESH Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following; ORAL ORDER: Heard Sri V. Nitesh, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue appearing for all the Respondents. Sri K. Arjun Chowdhary, Learned Assistant Government Pleader for Revenue has submitted the Written Instruction furnished by the Tahsildar of Ananthapuramu Rural Mandal dated 15.01.2025 along with the Notices issued by the Village Surveyor. Copy of it is served on the Counsel for the Writ Petitioner as well. This Written Instruction is taken on record. The relevant portion of the said Written Instruction is usefully extracted hereunder; 2. “In this connection it is submitted that, the Sy.No.166-1B extent 1-10 acres of Alumuru village is a Patta land and stands in the name of Elluru Bayana s/o Late Elluri Bayanna. It is submitted that, on 20-10-2024, the adjacent farmers of the petitioners land have represented that, the petitioner and other famers are obstructing the plan marked regular rastha (way) by laying fencing and requested to show the plan marked rastha in the land. Accordingly the village surveyor has issued notices to all the farmers including the petitioner stating that the rastha will be shown on 21-12-2024 and requested all the interested persons to attend on field. On 21-12-2024, the plan marked rastha has been shown as per the plan to the farmers, except this, no steps have been taken to form any road in the petitioners land as alleged. Hence payment of compensation or initiation of proceedings under Act No.30 of 2013 does not arise.” 3 3. The above extract would indicate that, for the time-being, no steps have been taken to form any road in the land belonging to the Writ Petitioner and therefore, payment of compensation does not arise. 4. Having regard to the above extract, this Court deems it dispose of this Writ Petition, at the admission stage, without going into the merit, directing the Official Respondents to follow the due process of law in the event any further action is sought to be initiated against the Writ Petitioner in the future. 5. With these observations and directions, this Writ Petition disposed of. No order as to costs. appropriate to stands 6. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- B PRASADA RAO assistant registrar //TRUE COPY// To, \ 9 fficer Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Anantapur, Anantapur District. ^ Disiricf Revenue Officer, Anantapur Rural Mandal Anantapur 4. The Mandal Surveyor, O/o. Mandal Revenue Officer Anantapur District. Anantapuramu Anantapur, Rural Ru?afEal: AnlSapmlcT^'"' 7. One CC to Sri V Nitesh, Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra 9. Two CD Copies Pradesh. [OUT] RAM /■ 4' A: t < **v -*F-_ ,• J- /ri"- f/' \ •.*■ / \. HIGH COURT DATED:21/01/2025 ORDER WP.No.1365 of 2025 DISPOSING OF THE WP WITHOUT COSTS