APHC010500022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25718/2025 Between: 1. KADIMI YASODHA,, W/O RAMUDU, AGED 60 YEARS, R/O D.NO. 2- 45, CINEMAHALL CENTRE, SAMANASA VILLAGE, AMALAPURAM MANDAL, DR. B. R. AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, DR.B.R.AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM. 3. THE DISTRICT PANCHAYAT OFFICER, DR.B.R.AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM. 4. THE SAMANASA GRAM PANCHAYAT, REP. BY ITS SECRETARY, SAMANASA VILLAGE, AMALAPURAM MANDAL DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 5. THE INSPECTOR OF POLICE, AMALAPURAM POLICE STATION, AMALAPURAM, DR.B.R.AMBEDKAR KONASEEMA 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 2 pleased topleased to issue a Writ or order more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent authorities more particularly the action of the 4th respondent in making hectic and highhanded attempts for laying road in petitioners private property admeasuring an extent of ac.0.06 cts in sy.no. 215/3 of Samanasa Revenue Village, Amalapuram Mandal, Dr.B.R.Ambedkar Konaseema District without issuing any notice and without acquiring the same as illegal, arbitrary, unconstitutional and against the well-established principles of laws apart from violation to the principles of natural justice and the action of the 5th respondent in supporting the 4th respondent as illegal and arbitrary and consequently restrain the 5th respondent/ Gram Panchayat from to laying a road in the petitioner property admeasuring an extent of ac.0.06 cts in sy.no. 215/3 of Samanasa Revenue Village, Amalapuram Mandal, Dr.B.R.Ambedkar Konaseema District by making it clear that the petitioner private properties cannot be used for laying road without acquiring the same under the provision of Land Acquisition Act, 30/2013 and pass IA NO: 1 OF 2025 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 direct the 4th and 5th respondents and the staff not to interfere with the properties of petitioner admeasuring an extent of ac.0.06 cts in sy.no. 215/3 of Samanasa Revenue Village, Amalapuram Mandal, Dr.B.R.Ambedkar Konaseema District in any manner and pass Counsel for the Petitioner: 1. PONNADA SREE VYAS Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR HOME The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.25718 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “ to issue a Writ or order more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent authorities, more particularly, the action of the 4th respondent in making hectic and highhanded attempts for laying road in petitioners private property admeasuring an extent of ac.0.06 cts in sy.no.215/3 of Samanasa Revenue Village, Amalapuram Mandal, Dr.B.R.Ambedkar Konaseema District without issuing any notice and without acquiring the same as illegal, arbitrary, unconstitutional and against the well established principles of laws apart from violation to the principles of natural justice and the action of the 5th respondent in supporting the 4th respondent as illegal and arbitrary and consequently restrain the 5th respondent/ Gram Panchayat from to laying a road in the petitioner property admeasuring an extent of ac.0.06 cts in sy.no.215/3 of Samanasa Revenue Village, Amalapuram Mandal, Dr.B.R.Ambedkar Konaseema District by making it clear that the petitioner private properties cannot be used for laying road without acquiring the same under the provision of Land Acquisition Act, 30/2013 and pass such other order or orders….” 2. Heard learned counsel for petitioner, learned Government Pleader and learned Standing Counsel appearing for the respondents. 3. Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor of the land to an extent of Ac.0.06 cents in Sy.No.215/3 of Samanasa Revenue Village, Amalapuram Mandal, Dr.B.R.Ambedkar Konaseema District. Later, the petitioner herein got constructed an iron sheet roof house at the subject land, for which, the respondent No.4 assigned house No.2-45 for the subject house. While so, without adhering to the 4 principles of natural justice as well as due process as contemplated under the law, the respondent No.4 is trying to lay road through petitioner’s land. Aggrieved by the same, the petitioner herein submitted a detailed representation dated 04.08.2025 requesting the authorities not to lay any road through the petitioner’s land. But without considering the said representation, for one reason or the other, the respondents are proceeding further with the laying of the road. Hence, the writ petition. 4. On the other hand, learned Standing Counsel for respondent No.4-Gram Panchayat furnished written instructions dated 20.09.2025, wherein, it is categorically stated that the 4th respondent-Gram Panchayat is not proposing to lay any road through the petitioner’s land as alleged by the learned counsel for the petitioner. It is further stated that pursuant to the representation dated 04.08.2025, the respondent-Gram Panchayat instructed the petitioner to submit documents and to substantiate her rights over the subject property. Except that the respondent No.4 not proceeded with laying of any road as alleged by the petitioner. 5. Considering the submissions made by the learned counsel for the petitioner and learned Standing Counsel for the respondents and on perusal of the material placed on record, more particularly, the written instructions submitted by respondent No.4, it appears that 4th respondent-Gram Panchayat is not taking any steps for laying of any road through the petitioner’s land as alleged by the petitioner. 5 6. In view of the same, this Court is inclined to dispose of the writ petition, directing the respondent No.4-Gram Panchayat to follow due process of law, if at all the respondent No.4-Gram Panchayat intends to lay any road or proceed further through the petitioner’s land. 7. With the above direction, the writ petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions, pending, if any, shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J Date:17.10.2025 BSP 6 47 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.25718 OF 2025 DATED:17.10.2025 BSP