APHC010446152023 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT: THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NOs: 30473/2021 WRIT PETITION No.30473/2021 Between: 1. GOLLA LALINGAPPA,, S/O. LATE GOLLA SOMAPPA, AGED ABOUT 75 YEARS, AGRICULTURIST, H.NO. 2/41, HULEBEDU VILLAGE, ALUR MANDAL, KURNOOL DISTRICT. 1. STATE OF ANDHRA PRADESH, DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, ARNARAVATHI, REP. BY ITS SECRETARY. 2. THE DISTRICT COLLECTOR, KURNOOL, KURNOOL DISTRICT. 3. HULEBEEDU GRAM PANCHAYAT, HULEBEEDU VILLAGE, ALUR MANDAL, KURNOOL DISTRICT, REP. BY SECRETARY. 4. THE MANDAL PARISHAD DEVELOPMENT OFFICER, ALUR, KURNOOL DISTRICT. 5. THE TAHSILDAR, ALUR, KURNOOL DISTRICT. YEMMIGANUR, KURNOOL DISTRICT. 6. SIGAMMAGARI RAMANJANEYULU, S/O. LAKSHMANNA, AGEDA BOUT 36 YEARS, R/O. HULEBEEDU KURNOOL DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE : THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NOs: 30473/2021 & 22973/2023 WRIT PETITION No.30473/2021 GOLLA LALINGAPPA,, S/O. LATE GOLLA SOMAPPA, AGED ABOUT 75 YEARS, AGRICULTURIST, H.NO. 2/41, HULEBEDU VILLAGE, ALUR MANDAL, KURNOOL DISTRICT. ...PETITIONER AND STATE OF ANDHRA PRADESH, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, ARNARAVATHI, REP. BY ITS SECRETARY. THE DISTRICT COLLECTOR, KURNOOL, KURNOOL DISTRICT. HULEBEEDU GRAM PANCHAYAT, HULEBEEDU VILLAGE, ALUR MANDAL, KURNOOL DISTRICT, REP. BY ITS PANCHAYAT THE MANDAL PARISHAD DEVELOPMENT OFFICER, ALUR, KURNOOL DISTRICT. THE TAHSILDAR, ALUR, KURNOOL DISTRICT. YEMMIGANUR, KURNOOL DISTRICT. SIGAMMAGARI RAMANJANEYULU, S/O. LAKSHMANNA, AGEDA BOUT 36 YEARS, R/O. HULEBEEDU VILLAGE, ALUR MANDAL, KURNOOL DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY,THE THIRD DAY OF NOVEMBER : THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI & 22973/2023 GOLLA LALINGAPPA,, S/O. LATE GOLLA SOMAPPA, AGED ABOUT 75 YEARS, AGRICULTURIST, H.NO. 2/41, HULEBEDU VILLAGE, ...PETITIONER PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, THE DISTRICT COLLECTOR, KURNOOL, KURNOOL DISTRICT. HULEBEEDU GRAM PANCHAYAT, HULEBEEDU VILLAGE, ALUR ITS PANCHAYAT THE MANDAL PARISHAD DEVELOPMENT OFFICER, ALUR, THE TAHSILDAR, ALUR, KURNOOL DISTRICT. YEMMIGANUR, SIGAMMAGARI RAMANJANEYULU, S/O. LAKSHMANNA, AGEDA VILLAGE, ALUR MANDAL, RC,J W.P.Nos.30473/2021 & 22973/2023 2 7. T RAMALINGAPPA, S/O. RAMANJANEYULU, AGED ABOUT 35 YEARS, R/O. HULEBEEDU ALUR MANDAL, KURNOOL 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the high handed action of the respondent authorities, more particularly respondents No. 3 to 5 in contemplating to lay a road/rasta in petitioner's land in Sy.No. 367/1 to an extent of Ac. 1.24 cents situated 3t Flulebeedu Village, Alur Mandal Mandal, Kurnool District, as illegal, arbitrary unjust, w'thout any authority and violative of Art. 14, 21 and 300-A of the Constitution of India and consequently DIRECT the respondents authorities not to lay a road/rasta in petitioner's land in Sy.No. 367/1 to an extent of Ac. 1.24 cents situated at -iulebeedu Village, Altar Mandal, Kurnool District and pass IA NO: 1 OF 2021 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 not to lay a road/rasta in petitioner's land in Sy.No. 367/1 to an extent of Ac. 1.24 cents situated at Hulebeedu Village, Alur Mandal, Kurnool District, pending disposal of above writ petition and pass Counsel for the Petitioner: 1. BUTTA VIJAYA BHASKER Counsel for the Respondent(S): 1. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. V NITESH RC,J W.P.Nos.30473/2021 & 22973/2023 3 WRIT PETITION NO: 22973/2023 Between: 1. B KISTAPPA, ,S./O THIMMAPPA, AGED 46 YEARS, R/O H. NO. 2/71 , HULEBEEDU VILLAGE, ALUM MANDAL KURNOOL DISTRICT, ANDHRA PRADESH. 2. B. UMA DEVI, ,W./O USEN, AGED32 YEARS, R/O H. NO. 1/99 , HULEBEEDUVILLAGE , ALUM MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH 3. B. AMBAMMA ,, W./O ERANNA, AGED 43 YEARS, RIO H. NO. 1/57 , HULEBEEDU VILLAGE, ALUM MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH HE AB 4. B. SUSEELA ,, W./O SRINU, AGED 45 YEARS, R/O H. NO. 1/38 , HULEBEEDU VILLAGE, ALUM MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH 5. B. BHULAKSHMI ,, W./O ERANNA, AGED 38 YEARS, R/O H. NO. 1/91A , HULEBEEDU VILLAGE, ALUM MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH 6. B. MAREMMA,, W/O VENKATESH, AGED 50 YEARS, R/O H. NO. 1/52 , HULEBEEDU VILLAGE, ALURU MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT SECRETARIAT BUILDINGS,VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 2. THE DISTRICT COLLECTOR, KURNOOLDISTRICT, KURNOOL. RC,J W.P.Nos.30473/2021 & 22973/2023 4 3. THE DEPUTY EXECUTIVE ENGINEER, PRI SUB-DIVISION, ALURU MANDAL, KURNOOL DIST 4. THE TAHSILDAR, ALURU MANDAL, KURNOOL DISTRICT, 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER, MANDAL PRAJA PARISHAD, ALURU MANDAL, KURNOOL DISTRICT. 6. THE GRAM PANCHAYAT, HULEBEEDU, REP BY ITS PANCHAYAT SECRETARY, HULEBEEDU VILLAGE, ALUM MANDAL, KURNOOL DISTRICT. 7. THE STATION HOUSE OFFICER, ALUM POLICE STATION ALUM MANDAL, KURNOOL DISTRICT. 8. GOLLA LALINGAPPA, S/O LATE GOLLA SOMAPPA, AGED ABOUT 75 YEARS, H.NO. 2/41, HULEBEEDU VILLAGE, ALUM MANDAL, KURNOOL DIST ...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 Order or Direction more particularly in the nature of Writ of Mandamus declaring the inaction of the official respondents in not laying the CC Road in the Beerappa Colony in Sy. No. 367/2 of Hulebeedu Village, Aluru Mandal, Kurnool district as illegal, arbitrary and violative of petitioners rights guaranteed by the Constitution of India and consequently direct the respondents to lay the said CC Road in the Beerappa Colony in Sy. No. 367/2 of Hulebeedu Village, Aluru Mandal, Kurnool district. 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 to direct the respondents to proceed with the laying of the CC Road in the BeerappaColony in Sy.No. 367/2 of Hulebeedu Village, Alum Mandal, Kurnool district. RC,J W.P.Nos.30473/2021 & 22973/2023 5 Counsel for the Petitioner(S): 1. HARISH KUMAR RASINENI Counsel for the Respondent(S): 1. BUTTA VIJAYA BHASKER 2. GP FOR HOME 3. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 4. GP FOR REVENUE 5. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: COMMON ORDER Writ Petition vide W.P.No.30473 of 2021 has been filed questioning the action of official respondents in contemplating to lay a road in petitioner’s land in Survey No.367/1 in an extent of Ac.1.24 cents situated at Hulebeedu village, Alur Mandal, Kurnool District (hereinafter, referred to as ‘the subject property’.) 2. Whereas, Writ Petition vide W.P.No.22973 of 2023 has been filed questioning the inaction of the official respondents in laying CC road in Survey No.367/2 of the subject village. 3. Since both the writ petitions relate to C.C.road in the subject village in and around the subject property, since one was filed not to lay road in the RC,J W.P.Nos.30473/2021 & 22973/2023 6 subject property while another was filed questioning the inaction of the official respondents in laying road, both the writ petitions were head together and are being disposed of by this common order. 4. For sake of convenience, the parties hereinafter will be referred to as per their array in Writ Petition vide W.P.No.22973 of 2023. 5. Heard Sri Butta Vijaya Bhasker, learned counsel for petitioner in W.P.No.30473 of 2021, Sri Harish Kumar Rasineni, learned counsel for petitioners in W.P.No.22973 of 2023, Sri M.Sudheer, learned Standing Counsel for Gramapanchayat, Sri Venkata Satyanarayana, learned Assistant Government Pleader for Revenue and Ms.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj. 6. It is brought to the notice of this Court by the official respondents that a survey has been conducted and the authorities have dropped the proposal of laying road in the property belonging to respondent no.8 (petitioner in W.P.No.22973 of 2023). 7. The respondent no.8 (petitioner in W.P.No.22973 of 2023) filed counter affidavit in W.P.No.30473 of 2021 stating that he has no objection to lay road by the authorities without touching his land in Survey No.367/1 in an extent of Ac.1-25 cents and Survey No.367/b2 in an extent of Ac.0-33 cents. RC,J W.P.Nos.30473/2021 & 22973/2023 7 8. In view of the submission made by official respondents that they have no intention to lay road in the property of the petitioner in W.P.No.22973 of 2023, both the writ petitions can be disposed of. 9. Accordingly, the writ petition vide W.P.No.30473 of 2021 is disposed of, directing the authorities not to lay road in the subject property except under due process of law. 10. A positive direction as sought by the petitioners in W.P.No.22973 of 2023 for directing the respondent authorities to lay a road in their village cannot be granted. Accordingly, W.P.No.22973 of 2023 is disposed of. There shall be no order as to costs in both the writ petitions. Pending miscellaneous petitions, if any, shall stand closed. JUSTICE RAVI CHEEMALAPATI RR