APHC010193242023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 10488/2023 Between: 1. KOLLI VENKATA KRISHNA MURTHY,, S/O LINGAIAH. AGED ABOUT 75 YEARS, HINDU, CULTIVATION, R/O GUDIPADU VILLAGE, MUSUNURU MANDAL, ELURU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT. SECRETARIAT. VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR PANCHAYAT WING, ELURU DISTRICT AT ELURU. 3. THE DISTRICT PANCHAYAT OFFICER, ELURU DISTRICT-AT ELURU. 4. THE REVENUE DIVISIONAL OFFICER, NUZVID REVENUE DIVISION. NUZVID, ELURU DISTRICT. 2 5. THE TAHSILDAR, MUSUNURU MANDAL, ELURU DISTRICT. 6. THE GULLAPUDI GRAMA PANCHAYAT, REP. BY ITS EXECUTIVE AUTHORITY-CUM-PANCHAYAT SECRETARY, GULLAPUDI VILLAGE, MUSUNURU MANDAL, ELURU 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 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 deciding to form Concrete-Cement Road without constructing drainage channel and leaving the drainage onto petitioner house situated in S.No.314/9 of Gullapudi Revenue Village of Musunuru Mandal in Eluru District, as -illegal, irregular, irrational, without any authority or sanction of law, violative of the provisions of natural justice and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents to construct drainage channels to the both sides of the road before forming Concrete Cement Road and pass 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 pleased to direct the respondents to construct drainage channels to the both sides of the road before constructing the said road adjacent to petitioner house situated in S.No.314/9 of Gullapudi Revenue Village of Musunuru Mandal in Eluru District, nor interfere with their possession and enjoyment over their said agriculture lands in any manner, pending disposal of the main Writ Petition and pass IA NO: 2 OF 2023 3 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 pleased to permit the petitioner to implead proposed respondent as party/respondent No. 7 to main Writ Petition in WP No. 10488 of 2023 and pending Interlocutory Applications therein, in the interest of justice and pass Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 3. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following ORDER: Declaring the action of the respondents in deciding to form concrete-cement road without constructing drainage channel and leaving the drainage onto the petitioner house situated in Sy.No.314/9 of Gullapudi Revenue Village, Musunuru Mandal, Eluru District, as illegal and arbitrary, the present writ petition has been filed. 2. Sri T. Praveen Kumar, learned counsel representing Ms. Nimmagadda Revathi, learned for the petitioner, submitted that he has instructions from the petitioner that there is no 4 proposal of laying road in the subject land. As such, prayed to close the writ petition. 3. Recording the said submissions, the Writ Petition is closed. There shall be no order as to costs. As a sequel there to, miscellaneous applications pending, if any, shall stand closed. _________________________ JUSTICE RAVI CHEEMALAPATI Date: 03.11.2025 ANS 5 159 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 10488/2023 Date: 03.11.2025 ANS