::1:: APHC010219142020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14419/2020 Between: 1. GARNEPUDI GOVARDHANA RAO, , S/O PRASADA RAO,AGED 42 YEARS, HINDU-MALA, RESIDENT OF GOPYAPALEM VILLEGE, MOPARRU SIVARU, KORUTHADIPARRU POST, AMRUTHALURU MANDAL,GUNTURDISTRICT, ...PETITIONER AND 1. THE THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY. PACHAYATRA DEPARTMENT, A.P. SECRETERIATE,VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE PANCHAYAT SECRETARY, GOPAYAPALEM VILLAGE MOPARRU PANCHYAT, AMRUTHALURU MANDAL, GUNTUR DISTRICT. 3. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY. HOME DEPARTMENT, A.P.SECRETERIATE VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 4. THE SUPERIDANT OF POLICE, GUNTUR RURAL DISTRICT, GUNTUR CITY. 5. THE DYPUTY SUPERINDANT OF POLICE, TENALI POLICE SUB-DIVISION, TENALI TOWN, GUNTUR DISTRICT. 6. THE INSPECTOR OF POLICE, TSUNDUR CIRCLE, AMRUTHALURU MANDAL, GUNTUR DIST. 7. THE SUBINSPECTIOR OF POLICE, AMRUTHALURU POLICE STATION, AMRUTHALURU MANDAL,GUNTUR RURAL 2 DISTRICT. 8. GARNEPUDI VEERAIAH, S/O NARASIMHULU, AGED 55 YEARS,RESIDENT OF GOPYAPALEM VILLEGE, MOPARRU SIVARU, KORUTHADIPARRU POST AMRUTHALURU MANDAL, GUNTUR DISTRICT 9. GARNEPUDI VENKATA SUBBAIAH, S/O PRASADA RAO, AGED 40 YEARS, RESIDENT OF GOPYAPALEM VILLEGE MOPARRU SIVARU, KORUTHADIPARRU POST AMRUTHALURU MANDAL, GUNTUR DISTRICT 10. GARNEPUDI RAMBABU, S/O NARASIMHULU, AGED 45 YEARS,RESIDENT OF GOPYAPALEM VILLEGE, MOPARRU SIVARU, KORUTHADIPARRU POST AMRUTHALURU MANDAL, GUNTUR DISTRICT 11. GARNEPUDI KRANTHI KUMAR, , S/O NARASIMHULU, AGED 38 YEARS, RESIDENT OF GOPYAPALEM VILLEGE, MOPARRU SIVARU, KORUTHADIPARRU POST AMRUTHALURU MANDAL, GUNTUR DISTRICT. 12. GARNEPUDI VASANTHA KUMAR, S/O RAMBABU, AGED 25 YEARS, RESIDENT OF GOPYAPALEM VILLEGE, MOPARRU SIVARU, KORUTHADIPARRU POST AMRUTHALURU MANDAL, GUNTUR DISTRICT 13. GARNEPUDI PRASANTHA KUMAR, S/O VEERAIAH, AGED 26 YEARS, RESIDENT OF GOPYAPALEM VILLEGE, MOPARRU SIVARU, KORUTHADIPARRU POST AMRUTHALURU MANDAL, GUNTUR DISTRICT 14. GARNEPUDI EFRAYEM, S/O VASANTHA RAO, AGED 55 YEARS, RESIDENT OF GOPYAPALEM VILLEGE, MOPARRU SIVARU, KORUTHADIPARRU POST AMRUTHALURU MANDAL, GUNTUR DISTRICT ...RESPONDENT(S): 3 This Court made the following ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “..to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus 1) declaring the action of the 9th respondent and his officers, men and followers as illegal, unlawfull, exceeding the limits of their official duty, arbitrary, unconstitutional and contrary to the guide lines given in Andhra Pradesh Panchayat Raj Act,1994 and A.P.Land Acquistion Act in threatening the petitioner and his family members for giving land for the construction of roads in private Property. 2) declaring the action of the 13th and 14th respondents in threatening the petitioner to hand over the site up to the extent of two (2) square yards along with the boundary line on the eastern boundary of the petition schedule property to the 9th respondent without the procedure established by law, 3) direct the 10th and 11th respondents to take appropriate legal action against the respondents 13 and 14 for exceeding their official duties and threatening the petitioner, 4) Restraining all the respondents from interfering in any way with the peaceful possession and enjoyment of the petition schedule property by way of removing the fence and encroaching into the petition schedule property, except, according to the procedure established by law,. 5) pass…” 2. Heard the learned counsel for the petitioner and the learned Standing counsel for the respondents. 3. The learned counsel for the petitioner submits that the respondent authorities are interfering with the peaceful possession and enjoyment of the subject property and they are trying to remove 4 the fence by encroaching upon the petitioner’s land for the purpose of constructing a road in the private land, at the instance of unofficial respondent Nos. 9 to 14, without following due process of law and without adhering to the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 and the A.P. Land Acquisition Act. Hence, the present Writ Petition. 4. On the other hand, the learned Standing Counsel for the respondents furnished written instructions dated 26.09.2025 issued by the 2nd respondent, i.e., the Panchayat Secretary, wherein it is stated that the respondent authorities are not interfering with the peaceful possession and enjoyment of the subject property and they are not taking any steps to remove the fencing by encroaching on the petitioner’s land for construction of the road. It is further submitted that the subject property is private property, and therefore, the respondents are not taking any steps in respect of the petitioner’s land. 5. Considering the submissions made by the learned counsel for the petitioner and the learned Standing Counsel for the respondents, and upon perusal of the material available on record, it appears that in view of the clear and categorical admission of the respondents, by 5 way of written instructions, that the subject property is private property and that they did not have any concern with respect of it. Further stated that they are not interfering with the peaceful possession and enjoyment of the subject property and taking any steps against it. In view of the clear and categorical admissions, this Court finds that no further orders are necessary in the Writ Petition, since the allegation of the petitioner is based on a misapprehension. However, if any interference or occupation is to be caused by the respondents in future in respect of the subject property, the respondents shall follow due process of law. Moreover, it is open to the petitioner to invoke the jurisdiction of the appropriate court by initiating appropriate proceedings. Accordingly, the Writ Petition is disposed of. No order as to costs. As a sequel, interlocutory applications if any pending, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 26.09.2025 klk 6 249 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.14419 of 2020 26.09.2025 klk