APHC010204662018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 8897/2018 Between: 1. V.NAGESWAR RAO, VAKKAPATLA NAGESWARA RAO, S/O SURYA RAO, AGED ABOUT 37YRS, R/O D.NO.1-159/A, KOLANKA SIVARU PEDALANKA, KAJULURU MANDAL, EAST GODAVARI DISTRICT E.G.DT ...PETITIONER AND 1. STATE OF AP, THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYATI RAJ AND RURAL DEVELOPMENT DEPT. GOVT. OF A.P., SECRETARIAT BUILDINGS, VELAGAPUDI AT AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH GUNTUR 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT AT KAKINADA 3. PEDALANKA GRAM PANCHAYATI, REP. BY ITS PANCHAYATI SECRETARY , KAJULURU MANDAL, EAST GODAVARI DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. TATA SINGAIAH GOUD Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) NJS,J W.P No.8897 of 2018 2 The Court made the following Order: The present writ petition is filed seeking the following relief: “…to issue a writ or order or direction more particular one in the nature of writ of Mandamus declaring the action of the respondents in proposing to cutting down and pluck away the coconut trees in my coconut garden in Sy.No.715/7 situated at Pedalanka Village, Kajaluru Mandal, East Godavari District without issuing notices and without following the due process of law, is illegal arbitrary contrary to Sec.11 & 21 of Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013 apart from Article, 19, 21, 300-A of Constitutional Law of India and consequently direct the respondent not to interfere the property of the petitioner and pass such other order or orders…” 2. Heard learned counsel for the petitioner. Also heard Ms. K Siva Jyothi, learned Assistant Government Pleader for Panchayat Raj representing the respondent No.1, Mr. K Arjun Chowdary, learned Assistant Government Pleader for the respondent No.2 and Mr. Y Koteswara Rao, learned counsel representing the respondent No.3. 3. The grievance of the writ petitioner in the present writ petition in short is that the respondent No.3 is interfering with his peaceful possession and enjoyment of the Coconut garden over an extent of Ac. 0.27 cents in Survey No.715/7 of Pedalanka Village, in highhanded manner and further that dumping the road material i.e., sand and chips in the said garden. 4. According to the learned counsel for the petitioner, the respondent No.3 resorted to the said action without giving any notice to the petitioner much less by initiating proceedings under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in the event the lands of the petitioner is acquired for any purpose including the laying of road. 5. He submits that at the time of admitting the matter, the interest of the petitioner is protected by an interim order dated 16.03.2018. He seeks appropriate orders in the facts and circumstances of the case. 6. Whereas the learned counsel representing the respondent No.3 placed a copy of the communication dated 03.11.2025 addressed by the concerned NJS,J W.P No.8897 of 2018 3 Panchayat Secretary. From a reading of the said communication would go to show that the Gram Panchayat is not taking any steps for removal of the trees or dumping road material and also road works. 7. In view of said letter, which is placed on record, this Court is inclined to dispose of the writ petition providing that in the event the subject matter land is required for any purpose, the respondents shall follow procedure as contemplated under law. 8. With the above direction, this Writ Petition is disposed of. No costs. Miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE NINALA JAYASURYA Date:04.11.2025 Ksj