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2025 DAILYLAW 40366 (AP)

REGATI RAMAKRISHNA v. THE STATE OF AP

WP/277/2023 · 2025-11-03

Ravi Cheemalapati

body2025

Judgment text

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APHC010005202023 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 277/2023 Between: 1. REGATI RAMAKRISHNA, S/O LAKSHMAIAH, AGED ABOUT 78 YEARS, KURUBAVANDLAPALLI VILLAGE, PENUKONDA MANDAL, ANANTAPUR DISTRICT, NOW SRI SATYASAL DISTRICT. 2. REGATI RAMASWAMI, S/O. NARAYANAPPA, AGED ABOUT 42 YEARS, KURUBAVANDLAPALLI VILLAGE, PENUKONDA MANDAL, ANANTAPUR DISTRICT, NOW SRI SATYASAL DISTRICT. 3. REGATI SANAPARAJULU,, S/O. RAMANNA, AGED ABOUT 52 YEARS, KURUBAVANDLAPALLI VILLAGE, PENUKONDA MANDAL, ANANTAPUR DISTRICT, NOW SRI SATYASAI DISTRICT. 4. REGATI PRASAD, S/O NARAYANAPPA, AGED ABOUT 48 YEARS, KURUBAVANDLAPALLI VILLAGE, PENUKONDA MANDAL, ANANTAPUR DISTRICT, NOW SRI SATYASAI DISTRICT. 1. THE STATE OF AP, REP BY ITS PR PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PUTTAPARTI, ANANTAPUR DISTRICT, NOW SRI SATYASAI DISTRICT. 3. THE SUPERENTENDENT ENGINEER, PANCHAYAT RAJ CIRDE, PUTTAPARTI, ANANTAPUR DISTRICT, NOW SRI SATYASAL IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 277/2023 REGATI RAMAKRISHNA, S/O LAKSHMAIAH, AGED ABOUT 78 YEARS, KURUBAVANDLAPALLI VILLAGE, PENUKONDA MANDAL, ANANTAPUR DISTRICT, NOW SRI SATYASAL DISTRICT. REGATI RAMASWAMI, S/O. NARAYANAPPA, AGED ABOUT 42 YEARS, KURUBAVANDLAPALLI VILLAGE, PENUKONDA MANDAL, ANANTAPUR DISTRICT, NOW SRI SATYASAL DISTRICT. REGATI SANAPARAJULU,, S/O. RAMANNA, AGED ABOUT 52 YEARS, KURUBAVANDLAPALLI VILLAGE, PENUKONDA MANDAL, ANANTAPUR DISTRICT, NOW SRI SATYASAI DISTRICT. REGATI PRASAD, S/O NARAYANAPPA, AGED ABOUT 48 YEARS, KURUBAVANDLAPALLI VILLAGE, PENUKONDA MANDAL, ANANTAPUR DISTRICT, NOW SRI SATYASAI DISTRICT. ...PETITIONER(S) AND THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, PUTTAPARTI, ANANTAPUR DISTRICT, NOW SRI SATYASAI DISTRICT. THE SUPERENTENDENT ENGINEER, PANCHAYAT RAJ CIRDE, PUTTAPARTI, ANANTAPUR DISTRICT, NOW SRI SATYASAL IN THE HIGH COURT OF ANDHRA PRADESH [3332] TUESDAY, THE FOURTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI REGATI RAMAKRISHNA, S/O LAKSHMAIAH, AGED ABOUT 78 YEARS, KURUBAVANDLAPALLI VILLAGE, PENUKONDA MANDAL, ANANTAPUR DISTRICT, NOW SRI SATYASAL DISTRICT. REGATI RAMASWAMI, S/O. NARAYANAPPA, AGED ABOUT 42 YEARS, KURUBAVANDLAPALLI VILLAGE, PENUKONDA MANDAL, ANANTAPUR DISTRICT, NOW SRI SATYASAL DISTRICT. REGATI SANAPARAJULU,, S/O. RAMANNA, AGED ABOUT 52 YEARS, KURUBAVANDLAPALLI VILLAGE, PENUKONDA MANDAL, ANANTAPUR DISTRICT, NOW SRI SATYASAI DISTRICT. REGATI PRASAD, S/O NARAYANAPPA, AGED ABOUT 48 YEARS, KURUBAVANDLAPALLI VILLAGE, PENUKONDA MANDAL, ANANTAPUR DISTRICT, NOW SRI SATYASAI DISTRICT. ...PETITIONER(S) INCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, THE DISTRICT COLLECTOR, PUTTAPARTI, ANANTAPUR DISTRICT, THE SUPERENTENDENT ENGINEER, PANCHAYAT RAJ CIRDE, PUTTAPARTI, ANANTAPUR DISTRICT, NOW SRI SATYASAL 2 DISTRICT. 4. THE EXECUTIVE ENGINEER, PIU DIVISION, PENUKONDA, ANANTAPUR DISTRICT, NOW SRI SATYASAL DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, PIU SUB DIVISION (PR), PENUKONDA, ANANTAPUR DISTRICT, NOW SRI SATYASAI DISTRICT. 6. THE ASSISTANT ENGINEER, PANCHAYAT RAJ DEPARTMENT, PENUKONDA MANDAL, ANANTAPUR DISTRICT, NOW SRI SATYASAI DISTRICT. 7. THE KURUBAVANDLAPALLI GRAMPANCHAYAT, REP. BY ITS SECRETARY, PENUKONDA MANDAL, ANANTAPUR DISTRICT, NOW SRI SATYASAI DISTRICT. 8. THE REVENUE DIVISIONAL OFFICER, PENUKONDA REVENUE DIVISION, PENUKONDA, ANANTAPUR DISTRICT, NOW SRI SATYASAI DISTRICT. 9. THE TAHSILDAR, PENUKONDA MANDAL, ANANTAPUR DISTRICT, NOW SRI SATYASAI 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 writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in trying to lay the road in petitioners' lands to an extent of Ac. 0.04 cents and Ac. 0.16 cents in Sy.No. 199 and Ac. 0.79 Cents, 0.19 Cents, 0.59 Cents, 0.20 Cents and 0.79 cents in Sy.No. 198 situated at Erramanchi Village, Penukonda Mandal, Anantapur District, Now Sri Satyasai District, without issuing any notice and without following due process of law as illegal, arbitrary, unconstitutional and violation of principles of natural justice and also in violation of Articles 14, 16, 21 and 300-A of the Constitution of India and consequently direct the respondents not to lay the road in the petitioners' lands to an extent of Ac. 0.04 cents and Ac. 0.16 cents in Sy.No. 199 and Ac. 0.79 Cents, 0.19 Cents, 0.59 Cents, 0.20 Cents and 0.79 cents in Sy.No. 198 situated at Erramanchi Village, Penukonda Mandal, Anantapur District, Now Sri Satyasai District, and to pass 3 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 not to lay the road in the petitioners' lands to an extent of Ac. 0.04 cents and Ac. 0.16 cents in Sy.No. 199 and Ac. 0.79 Cents, 0.19 Cents, 0.59 Cents, 0.20 Cents and 0.79 cents in Sy.No.198 situated at Erramanchi Village, Penukonda Mandal, Anantapur District, Now Sri Satyasai District, pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1. M DELHI BABU Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 4 The Court made the following order: The grievance of the petitioner is that without issuing any notice and without following the due process of law, the respondents are trying to lay the road in petitioners' lands to an extent of Ac. 0.04 cents and Ac.0.16 cents in Sy.No.199 and Ac. 0.79 Cents, 0.19 Cents, 0.59 Cents, 0.20 Cents and 0.79 cents in Sy.No.198 situated at Erramanchi Village, Penukonda Mandal, Anantapur District, presently Sri Satyasai District. 2. Heard Ms Chandrika, learned Assistant Government Pleader for Panchayat Raj, Sri Venkata Satyanarayana, learned Assistant Government Pleader for Revenue and learned standing counsel for Gram Panchayat. 3. No representation for the petitioners. 4. The record discloses that this Court granted interim order on 04.01.2023. The same reads as follows: “The documents filed along with the writ petition establish the possession of the petitioners’ subject property. In view of the same, there shall be an interim direction to the respondents not to interfere and not to dispossess the petitioners from the subject property without following due process of law as per the Rules.” 4. This Writ Petition was filed on 03.01.2023 and interim orders were granted on 04.01.2023. Despite lapse of considerable time, the respondent authorities have neither placed instructions nor filed a counter-affidavit so far. 5 5. In view of the above, as the respondent authorities did not choose to file counter so far, there is no purpose in keeping this Writ Petition pending inviting counter. As such, this Court is inclined to dispose of this Writ Petition making the interim orders as final orders. 6. Accordingly, the Writ Petition is disposed of, directing the respondents not to interfere and not to dispossess the petitioners from the lands to an extent of Ac. 0.04 cents and Ac.0.16 cents in Sy.No.199 and Ac. 0.79 Cents, 0.19 Cents, 0.59 Cents, 0.20 Cents and 0.79 cents in Sy.No.198 situated at Erramanchi Village, Penukonda Mandal, Anantapur District, presently Sri Satyasai District, except under due process of law. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 04.11.2025 MP 6 215 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.277 of 2023 04.11.2025 MP