APHC010515162023 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 26576/2023 Between: 1. ASADI PICHAMMA, W/O LATE VENKATESU, AGED ABOUT 72 YEARS, OCC. HOUSE WIFE, RESIDENT OF D.NO.38/ 12, MITTAMEEDAPALLI H/O RAYAVARAM VILLAGE, T.SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT. 2. SMT. NEEGUGATTU NAGAMUNEMMA, W/O LATE CHINNAPPA, AGED ABOUT 65 YEARS, OCC. HOUSE WIFE, RESIDENT OF D.NO.38/ 12, MITTAMEEDAPALLI H/O RAYAVARAM VILLAGE, T.SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT. 3. N.VENKATARAMANA, S/O LATE N.NARAYANA, AGED ABOUT 40 YEARS, OCC. AGRICULTURE, RESIDENT OF D.NO.38/ 13, MITTAMEEDAPALLI H/O RAYAVARAM VILLAGE, T.SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT. 4. NEERUGUTTU NAGESWARA @ NAGESH, S/O LATE NARAYANA, AGED ABOUT 36 YEARS, OCC. SELF EMPLOYEE, RESIDENT OF D.NO.38/ 13, MITTAMEEDAPALLE H/O RAYAVARARN VILLAGE, T.SUNDUPALLI MANDAL, 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 26576/2023 ASADI PICHAMMA, W/O LATE VENKATESU, AGED ABOUT 72 YEARS, OCC. HOUSE WIFE, RESIDENT OF D.NO.38/ 12, MITTAMEEDAPALLI H/O RAYAVARAM VILLAGE, T.SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT. SMT. NEEGUGATTU NAGAMUNEMMA, W/O LATE CHINNAPPA, ABOUT 65 YEARS, OCC. HOUSE WIFE, RESIDENT OF D.NO.38/ 12, MITTAMEEDAPALLI H/O RAYAVARAM VILLAGE, T.SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT. N.VENKATARAMANA, S/O LATE N.NARAYANA, AGED ABOUT 40 YEARS, OCC. AGRICULTURE, RESIDENT OF D.NO.38/ 13, DAPALLI H/O RAYAVARAM VILLAGE, T.SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT. NEERUGUTTU NAGESWARA @ NAGESH, S/O LATE NARAYANA, AGED ABOUT 36 YEARS, OCC. SELF EMPLOYEE, RESIDENT OF D.NO.38/ 13, MITTAMEEDAPALLE H/O RAYAVARARN VILLAGE, T.SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY,THE THIRD DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI ASADI PICHAMMA, W/O LATE VENKATESU, AGED ABOUT 72 YEARS, OCC. HOUSE WIFE, RESIDENT OF D.NO.38/ 12, MITTAMEEDAPALLI H/O RAYAVARAM VILLAGE, T.SUNDUPALLI SMT. NEEGUGATTU NAGAMUNEMMA, W/O LATE CHINNAPPA, ABOUT 65 YEARS, OCC. HOUSE WIFE, RESIDENT OF D.NO.38/ 12, MITTAMEEDAPALLI H/O RAYAVARAM VILLAGE, N.VENKATARAMANA, S/O LATE N.NARAYANA, AGED ABOUT 40 YEARS, OCC. AGRICULTURE, RESIDENT OF D.NO.38/ 13, DAPALLI H/O RAYAVARAM VILLAGE, T.SUNDUPALLI NEERUGUTTU NAGESWARA @ NAGESH, S/O LATE NARAYANA, AGED ABOUT 36 YEARS, OCC. SELF EMPLOYEE, RESIDENT OF D.NO.38/ 13, MITTAMEEDAPALLE H/O RAYAVARARN VILLAGE, ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, RC,J W.P.No.26576 of 2023 2 2. THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT AT RAYACHOTY. 3. THE REVENUE DIVISIONAL OFFICER, RAJAMPET, ANNAMAYYA DISTRICT. 4. THE TAHSILDAR, T.SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT. 5. THE RAYAVARAM GRAMPANCHAYAT, , REP. BY ITS PANCHAYAT SECRETARY, T.SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT. 6. THE SUB INSPECTOR OF POLICE, T.SUNDUPALLI POLICE STATION, ANNAMAYYA DISTRICT. 7. SRI BHADRI VENKATA RAMANA, S/O NOT KNOWN, AGED ABOUT 63 YEARS, OCC. AGRICULTURE, RESIDENT OF RAYAVARAM VILLAGE, T.SUNDUPALLI MANDAL MANDAL, ANNAMAYYA DISTRICT. 8. SRI BHADRI RAMESH, S/O VENKATA RAMANA, AGED ABOUT 35 YEARS, OCC. AGRICULTURE, RESIDENT OF RAYAVARAM VILLAGE, T.SUNDUPALLI MANDAL MANDAL, ANNAMAYYA DISTRICT. 9. SRI BHADRI SURESH, S/O VENKATA RAMANA, AGED ABOUT 31 YEARS, OCC. AGRICULTURE, RESIDENT OF RAYAVARAM VILLAGE, T.SUNDUPALLI MANDL MANDAL, ANNAMAYYA DISTRICT. 10. VIJAYALAKSHMI, D/O VENKATA RAMANA, AGED ABOUT 40 YEARS, OCC. NOT KNOWN, RESIDENT OF RAYAVARAM VILLAGE, T.SUNDUPALLI MANDAL MANDAL, ANNAMAYYA 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 to issue a Writ, or direction more particularly one in the nature of Writ RC,J W.P.No.26576 of 2023 3 of Mandamus declaring the action of the respondents 2, 4 and 5 in not acting upon the representation dated 29-09-2023 submitted by the petitioners and not preventing the unofficial respondents in proceeding construction of compound wall by closing pathway existing in Sy.No.1286 of Mittameedapalle H/o Rayavaram Village, T.Sundupalli Mandal, Annamayya District is illegal, arbitrary, unconstitutional and violation of Article 14, 19 and 21 of Constitution of India and also violation of principles of natural justice and consequently direct the respondents 2, 4 to 6 to stop and remove the illegal construction of compound wall which is preventing permanently the ingress and aggress of the petitioners to proceed to their houses and pass such pass such IA NO: 1 OF 2023 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 may be pleased to direct the respondents 2, 4 to 6 to stop and remove the illegal construction of compound wall making by closing the pathway situated in Sy.No.1286 of Mittameedapalle H/o Rayavaram Village, T.Sundupalli Mandal, Annamayya District which is preventing permanently the ingress and aggress of the petitioners to proceed to their houses, pending disposal of the Writ petition before this Honourable court and pass such Counsel for the Petitioner(S): 1. VUTUPALLI RAJANNA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ORDER The grievance of the petitioners is that the respondent nos.2,4 and 5 are not acting upon the representation submitted by them to remove the RC,J W.P.No.26576 of 2023 4 obstructions made by unofficial respondent nos. 7 to 10 in the public pathway and they are not preventing the unofficial respondents from making further constructions in the public pathway situated in Survey No.1286 of Mittameedapalli, Hamlet of Rayavaram Village, T.Sundupalli Mandal, Annamayya District. 2. Heard Sri Vutupalli Rajanna, learned counsel for the petitioners, Sri M.Sudheer, learned Standing Counsel for Gram Panchayat, Ms.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and Sri Venkata Satyanarayana, learned Assistant Government Pleader for Revenue. 3. Sri M.Sudheer, learned Standing Counsel, on instructions submitted that the unofficial respondents made constructions in the public pathway and the authorities would remove the obstructions made by unofficial respondents in the public pathway in accordance with law. 4. In response, learned counsel for petitioners submitted that the writ petition may be disposed of, recording the submissions made by learned Standing Counsel. As no orders are being passed affecting the rights of respondent nos.7 to 10, issuance of notice to them is dispensed with. 5. In view of the above, since the authorities admitted that the unofficial respondents made constructions in the public pathway and RC,J W.P.No.26576 of 2023 5 undertook to remove the obstructions by following due process of law, this writ petition can be disposed of. 6. Accordingly, the writ petition is disposed of, directing the authorities to remove the obstructions made by unofficial respondents in the public pathway situated in in Survey No.1286 of Mittameedapalli, Hamlet of Rayavaram Village, T.Sundupalli Mandal, Annamayya District, in accordance with law, after issuing show cause notice calling for explanation and also by providing sufficient and fair opportunity of being heard to the unofficial respondents. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. JUSTICE RAVI CHEEMALAPATI RR