APHC010436442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22754/2025 Between: 1.BOMMIDI VISWESARA RAO, S/O.VENKATARATNAM, OCCCULTIVATION, AGED ABOUT 63 YEARS, D.NO.3-120, PASARLAPUDILANKA (V),MAMIDIKUDURU MANDAL, DR.B.R.AMBEDKAR KOANSEEMA (ERSTWHILE EASTGODAVARI) DISTRICT, A.P. ...PETITIONER AND 1.THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY PANCHAYATRAJ RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, A.P. 2.THE COMMISSIONER, PANCHAYAT RAJ RURAL DEVELOPMENT, TADEPALLI, GUNTUR DISTRICT, A.P. 3.THE DISTRICT PANCHAYAT OFFICER, DR.B.R.AMBEDKAR KOANSEEMA (ERSTWHILE EASTGODAVARI) DISTRICT, AMALAPURAM. 4.THE GRAMAPANCHYAT, .PASARLAPUDI LANKA, REPTD BY ITS SECRETARY, 0/O.GRAMPANCHYAT, PASARLAPUDI LANKA, MAMIDIKUDURU MANDAL, DR.B.R.AMBEDKAR KOANSEEMA (ERSTWHILE EASTGODAVARI DISTRICT), A.P. ...RESPONDENT(S): The 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 to declare the action of the office the 4th Respondent resulted in to meddling with enjoyment of Petitioners exclusive property i.e. Ac.00.73 cents in R.S.No.42/4 of Pasarlapudi Lanka Village of Mamidikuduru Mandal, Dr.B.R.Ambedkar Konaseema (Erstwhile East Godavari) District while carrying out works to lay proposed Cement Concrete road on existing red gravel road located on easternside to said property despite Petitioners representation dated 14.07.2025 as illegal, biased, against to the principles of Natural Justice and unconstitutional and consequently direct the office of 4TH Respondent not to meddle with Petitioners enjoyment of subject matter in any manner whatsoever and pass…” 2. Heard the learned counsel for the petitioner and the learned Standing counsel for the 4th respondent Gram Panchayat. 3. The case of the petitioner is that the petitioner acquired the subject land admeasuring to an extent of Ac.00.73 cents in R.S.No.42/4 of Pasarlapudi Lanka Village, Mamidikuduru Mandal, Dr. B.R. Ambedkar Konaseema (erstwhile East Godavari) District, through his ancestors and has been in peaceful possession and enjoyment of the said property for several decades and his name was also mutated in the revenue records. While matters stood thus, the 4th respondent Gram Panchayat proposed to lay a cement concrete road in place of the existing red gravel road situated adjacent to the eastern side of the petitioner’s property in R.S.No.42/4. 4. The learned counsel for the petitioner submits that the respondents are taking steps to widen the road and trying to occupy the some portion of the petitioner’s land in R.S.No.42/4 for laying the cement concrete road. The petitioner had already submitted his representation dated 14.07.2025 objecting to the same. However, even after receipt of the said representation of the petitioner, the respondents neither stopped the work nor issued any other proceedings in this regard. Instead, the respondent authorities are proceeding with the laying of the cement concrete road by encroaching on a portion of the petitioner’s land. Hence, the present writ petition. 5. On the other hand, the learned Standing counsel for the 4th respondent Gram Panchayat furnished the written instructions dated 02.09.2025 wherein it is stated that :- “Since the metal road constructed about 30 years ago had deteriorated, a resolution was passed requesting the concerned departmental authorities to sanction funds for laying a CC road under MGNREGS funds. Accordingly, funds were sanctioned for the construction of the said CC road. The old existing road was sanctioned to be widened by about 2 feet while laying the CC road. All the farmers adjoining the said road gave their consent for widening it. However, the complainant alone objected to the road being laid through his land. In fact, no road work has been carried out in the land of the said person. Leaving aside his land, the CC road works are being executed. No portion of the said person’s land has been used for laying the road. The said road is being used by about 180 families residing in the area, and even the complainant himself is using this road. Therefore, through this letter, I am bringing it to the notice of the Hon’ble High Court and the Standing Counsel. 6. The learned Standing Counsel for the 4th respondent–Gram Panchayat submits that, except for the petitioner, all other ryots had requested for the widening of the road. However, the petitioner submitted a representation objecting to the widening of the road in respect of the portion abutting his land. He further submits that the respondent authorities due to his objection, did not touch or interfere with the peaceful possession and enjoyment of the petitioner’s subject land, and rest the same by taking steps to lay the C.C. road by widening and converting the existing gravel road. 7. Considering the submissions made by the learned counsel for the petitioner and the learned Standing Counsel for the 4th respondent–Gram Panchayat, and on perusal of the material available on record, this Court is of the considered opinion that, in view of the written instructions submitted by the 4th respondentGram Panchayat, since it is assured that the 4th respondent undertakes not to interfere with the peaceful possession and enjoyment of the petitioner’s subject property, the 4th respondent Gram Panchayat is at liberty to proceed with the laying of the Cement Concrete road under MGNREGS funds, as undertaken in respect of petitioner before this Court by way of written instructions. However, if there is any interference which affecting the petitioner, the respondents shall follow the due procedure as contemplated under law. 6. With the above direction, the writ petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ______________________________________ VENKATESWARLU NIMMAGADDA, J 15.09.2025 klk klk 258 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.22754 of 2025 15.09.2025 klk klk