■ X- IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11705 OF 2025 Between: 1. P. Saraswathi, W/o. P.V. Satyanarayana, Aged 63 years, 4-43, Main Road, Satrampadu, Eluru Rural, Industrial Estate, Eluru District. 2; Pinnamaneni Venkata Satyanarayana, S/o. P. Venkata Rama Rao, Aged 66 years, 4-43, Main Road, Satrampadu, Eluru Rural, industrial Estate, Eluru District. 3. . P. Surya Teja, S/o. P.V. Satyanarayana, Aged 37 years, 4-43, Main Road, Satrampadu, Eluru Rural, Industrial Estate, Eluru District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati. 2. The District Collector, Eluru District, Eluru. 3. The Revenue Divisional Officer, Eluru Revenue Division, Eluru. The Tahasildar, Peddapadu Mandal, Eluru District 4. The Tahasildar, Peddapadu Mandal, Eluru District. ...RESPONDENTS 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 an order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the respondent authorities in not demarcating the land in an extent of Ac.0.03 cents as mentioned in the report of the Tahsildar dated 29.02.2000 and the sketch annexed there to in survey No.97 of Kalaparu revenue village, Pedpadu Mandal as highly arbitrary, illegal, null and void against the principles of fl f natural justice and violative of fundamental rights and contrary to the Revenue Divisional Officer in L.Dis.(H).619/2000 dated 18.05.2000 and Consequently to direct the respondent authorities to demarcate the above said vehicular track to enable the petitioner to utilize the same. '-1 - s . ■ lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the to writ petition, the High Court may be pleased to direct the respondents authorities to reconsider the representation dated 20.01.2025 for demarcation of the vehicular track per the proceedings of the respondent in survey No.87 Kalaparu village, Pedpadu Mandal Pending disposal of the above writ petition. as revenue lA NO: 2 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 to direct the respondents authorities 3 rd and 4“^ herein to implement the proceedings of the Revenue Divisional Officer in LDis.(H).619/2000 dated 18.05.2000 for demarcation of the vehicuiar track in survey No.87 Kaiaparu revenue village, Pedpadu Mandal Pending disposal of the above writ petition. Counsel for the Petitioners : SRI BALAJI MEDAMALLI Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER 1 NVJ . W.P.No.11705 of 2025 APHC010227062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11705/2025 Between: P Saraswathi and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.BALAJI MEDAMALLI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: /Tr”rr 2 NV,J W.P.No.11705 of 2025 ORDER: r This writ petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus declaring the action of the respondent authorities in not 1. demarcating the land in an extent of Ac.0-03 cents as mentioned in the report of the Thasildar dated 29.02.2000 and the sketch annexed there to in Survey No.87 of Kalaparu Revenue Village, Pedapadu Mandal as illegal, arbitrary and contrary to Revenue Divisional Officer in L.Dis.(H).619/2000 dated 18.05.2000 and consequently to direct the respondent authorities to demarcate the above said vehicular track to enable the petitioner to utilize the same. The case of the petitioner is that, the petitioner submitted an application to the respondents for providing rasta for vehicular traffic from the petitioners land to have an access to the public road. Pursuant to their representation. Respondent Nos.3 & 4 herein enquired into the matter and conducted survey, conducting survey, the respondents that, an extent of 3-91 cents in Sy.No.87 of Kalaparru Revenue Village, Pedapadu Mandal is earmarked as burial ground. After conducting survey and enquiry by Respondent No.4, the said land was sub divided and an extent of Ac.0-03 cents in Sy.No.87 was demarcated towards rasta. Further, the other extent of land is earmarked for the purpose for which they were meant for. Even though the demarcation proceedings issued by Respondent Nos.3 & 4, till today, the respondents are not allowing the petitioners 2. After 3 NV,J W.P.No.ll705of2025 ^ to make use of Ac.0-03 cents in Sy.No.87 as rasta to approach National Highway road from the subject road. Hence the writ petition. On the other hand, learned Government Pleader for Revenue furnished 3. written instructions of the Tahsildar, Pedapadu Mandal, Eluru District vide Roc.No.239/2025/SA dated 04.05.2025, wherein it is stated as follows; "In this regard, I have conducted a detailed enquiry along with Mandal Surveyor, Pedapadu, Village Revenue Officers, Kokkirapadu & Kalaparru and Village Surveyors of Kokkirapadu & Kalaparru. The petitioners have possessed lands in R.S.No.341/3 ETC Kokkirapadu Village adjacent to the boarder village of Kalaparru. The petitioners have requested acess of vehicular track to their fields through the land covered by R.S.No.87 of Kalaparru Village of Pedapadu Mandal. The said R.S.No.87 an extent of Ac. 3-91 cts classified as Burial Ground which is objectionable Government Poramboke. There is a 100 feet road crossing to the east to access their land and is being utilizing by the petitioners. An extent of Ac. 0.03 cts that the petitioners asking for purely their own benefit and not for communal purpose and the same was informed to the petitioners through the endorsements dated 20.12.2024 and 02.04.2025. At present, they have been using the road to the east of their lands. This is purely for their personal needs and not for the public interest. So it is not possible to provide pathway from an objectionable government poramboke. ” 4. Based on the written instructions submitted by the Tahsildar, Pedapadu Mandal, learned Government Pleader for Revenue requested to dismiss the writ petition. "■TFrr- NV,J W.P.No.11705 of 2025 learned Government Pleader for Heard learned counsel for the petitioner and perused the material available on record. 5. Revenue submitted by the 6. It is observed that, pursuant to the representation petitioners. Respondent Nos.3 & 4 had conducted detailed enquiry, survey and and accordingly, sub-divided the land. Out of demarcated the land in Sy.No.87 Ac.0-03 cents \was earmarked as proposed rasta which is the said land connecting from the National Highway sketch was also prepared by Respondent road to the petitioners land. Accordingly, a No.4 herein for implementation of the 29.02.2000 and Respondent No.3 .05.2000 directing Respondent No.4 to notify same, the entire exercise was completed on also issued proceedings dated 18 the subject land as rasta in the levenue and other persons as rasta in record and make it use by the petitioners in respect of Ac.0-03 cents in Sy.No.87. Even after even though Respondent No.3 specifically directed lapse of twenty five years Respondent No.4, but Respondent issued any other proceeding. No.4 neither implemented the same nor counsel for the respondents that, the claim of extent of Ac.0-03 cents is only for the personal benefit of considered and to be issued any the proceedings of Respondent 7. As contended by the learned the petitioners that an the petitioner impugned Endorsement is certainly contrary to No.3 dated 29.02.2000 and 18.05.2000. and therefore, it cannot be 5 NVJ W.P.No.11705 of 2025 Further, the third parties who occupied the entire land in Sy.No.87 are 8. running poultry farm, but the respondents did not take any action against them and who occupied the entire land is not allowing the petitioners and others to make use of the small extent of land to approach the main road, which is nothing but depriving the right of access to their lands by the respondents. 9. Having allowed the third parties to encroach the government land for decades together and not allowing the petitioners and others to have access to their lands to the National Highway is certainly depriving the rights of the petitioners i.e. right to property and right to access to their property. Hence, the Endorsement dated 20.12.2024 is hereby set-aside. Further, Respondent Nos.3 & 4 are hereby directed to consider the request of the petitioner with reference to the proceedings issued by Respondent No.3 dated 29.02.2000 and 18.05.2000 . ^ A and comply the same at the earliest, in accordance with law. 10. With the above direction, writ petition is disposed of. No costs. 11. Consequently, Miscellaneous Petitions, if any, pending in the contempt Sd/- A.VIJAYA BABU ASSISTANT REGISTRAR case shall stand closed. //TRUE COPY// c S^CTT^OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati. 2. Thq District Collector, Eluru District, Eluru. 3. The Revenue Divisional Officer, Eluru Revenue Division, Eluru. The Tahasildar, Peddapadu Mandal, Eluru District 4. The Tahasildar, Peddapadu Mandal, Eluru District. 5. One CC to Sri Balaji Medamalli, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three C.D. Copies. Cnr f HIGH COURT DATED;05/05/2025 ORDER ^ ^7 MAY 20S \ WP.No.11705 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS