APHC010381482019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18282/2019 Between: 1. CH APPANNA, S/O.CH.KANAKAIAH, AGE. 84 YEARS, OCC. COOLIE 2. V.GOWIRI NAIDU,, S/O. APPALA SWAMY, AGE. 39 YEARS, OCC. COOLIE, 3. CH.PAIDAIAH,, S/O. THATHA, AGE. 39 YEARS, OCC. COOLIE, 4. CH.BANGARAMMA,, W/O. THATHALU AGE. 50 YEARS, OCC. COOLIE, 5. CH.GOVINDA,, S/O. NARASIMHULU, AGE. 34 YEARS, OCC. COOLIE, 6. CH.BANGARA RAJU,, S/O. NARASIMHULU, AGE. 51 YEARS, OCC. COOLIE, 7. CH.SHANKARA RAO,, S/O. THATHA, AGE. 37 YEARS, OCC. COOLIE, 8. M.SARASWATHI,, W/O. NAGESWARA RAO, AGE. 39 YEARS, OCC. COOLIE, 9. CH.BANGARAMMA,, W/O. LATE APPA RAO, AGE. 60 YEARS, OCC. COOLIE, (ALL ARE RESIDENTS OF YATHAPETA, MODAVALASA VILLAGE, DENKADA MANDALAM, VIZIANAGARAM DISTRICT. ...PETITIONER(S) AND 2 1. THE STATE OF ANDHRA PRADESH, , REP. BY PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, VIZIANAGARAM, VIZINAGARAM DISTRICT. 3. THE TAHSILDAR, DENKADA MANDALAM, VIZIANAGARAM DISTRICT. 4. THE MANDAL PARISATH DEVELOPMENT OFFICER, , DENKADA MANDALAM, VIZIANAGARAM DISTRICT. 5. THE MODAVALASA GRAMPANCHAYAT, , REP.BY ITS SECRETARY, MODAVALASA, DENKADA MANDALAM, VIZIANAGARAM 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 toto issue a Writ of Mandamus, or any other appropriate Writ, order or direction, declaring the proceedings in RC.No.04/2019 dt.08-11-2019 of the 5th respondent is illegal, arbitrary and in violation of principles of natural justice, in violation of the directions made in WP.No. 8415 of 2019 and in violation of Articles 14 of constitution of India and consequently direct the Respondents 2 to 5 not to demolish the petitioners houses situated in Yathapeta of Modhavalasa Village of Denkada Mandal, Vizianagaram District in the interest of justice and equity IA NO: 1 OF 2019 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 Stay all further proceedings in RC.No.04/2019 dt:08-11-2019 of the 5th respondent in the interest of justice and equity and pass Counsel for the Petitioner(S): 1. SREEMANNARAYANA VATTIKUTI Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 3 3. GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18282/2019 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- <to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in RC.No.04/2019 dated 08.11.2019 of the 5th respondent is illegal, arbitrary and in violation of principles of natural justice, in violation of the directions made in W.P.No.8415 of 2019 and in violation of Articles 14 of Constitution of India and consequently direct the respondent Nos.2 to 5 not to demolish the petitioner’s houses situated in Yathapeta of Modhavalasa Village of Denkada Mandal, Vizianagaram District in the interest of justice and equity and pass such other order.= 2. Heard the learned counsel for the petitioners, learned Government Pleader for respondent Nos.1 to 3 and the learned Standing Counsel for respondent Nos.4 and 5. 3. Learned counsel for the petitioners submits that the 5th respondent issued notice dated 08.11.2019 directing the petitioners to remove the encroachments on the public road, without observing the principles of natural justice and without following due procedure as contemplated under the law. 4. Learned counsel for the petitioners further submits that after hearing the matter, at the stage of admission, this Court was pleased to pass an interim order dated 14.11.2019 directing the 5 respondents not to demolish the subject house properties. Pursuant to the interim order of this Court dated 14.11.2019 the respondents not initiated any steps against the petitioners so far. 5. On the other hand, learned Standing Counsel furnished written instructions of the 5th respondent dated 10.09.2025, wherein it is stated that as per the proceedings the land in survey No.187/38 is rasta poramboke. The petitioners have encroached the public rasta. As such, the respondents will take appropriate action to restore the public rasta by removing the encroachments by following due process of law. 6. Considering the submissions made by both the learned counsel and on perusal of the written instructions dated 10.09.2025, this Court is of the considered view the present Writ Petition can be disposed of directing the respondents to conduct survey and demarcation as per the provision of the A.P. Survey and Boundaries Act, 1923. After conducting survey and after providing opportunity of hearing to the petitioners, if any encroachments were found, the respondents are at liberty to proceed further by following the due process as contemplated under the A.P. Panchayat Raj Act, 1994. If the respondents trying to remove the same without following due process of law, the petitioners are at liberty to challenge the same by initiating separate proceedings. 6 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 2222..0099..22002255 TTPPSS 7 559 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:18282 of 2019 2222..0099..22002255 TTPPSS