IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI^O (Special Original Jurisdiction) A 5 ti v^’ 111 > MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE ¥ PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 10318 OF 2025 Between: Dommaraju Rani, S/o. Dommaraju Subramanyam Raju. Aged about 48 years, R/o. D.No.11 -133, Telephone Colony Avilala Village, Tirupati Rural Mandal, Tirupati District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, A.P. Secretariat at Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Tirupati District, Tirupati. 3. The Mandal Development Officer, Tirupati Rural Mandal, Tirupati District 4. The Avilala Gram Panchayat, Rep. by its Panchayat Secretary, Avilala Village, Tirupati Rural Mandal, Tirupati District. 5. The Tirupati Urban Development Authority, Rep. by its Vice President, Tirupati,Tirupati 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 order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings of the 4‘^ Respondent in Rc.No. 12/2025, dt.5.4.2025, wherein the 4**^ Respondent tried to dispossess and interfere with the possession and enjoyment of the Petitioner in respect of the land an extent of Ac.0.74 cents in Sy.Nos.333/1. 334/2, 333/3, 334/3 of Avilala Village lands Tirupati Rural Mandal, Chittoor District now in Tirupati District without initiating any land acquisition proceedings / % without following due process of law as illegal arbitrary and violative of Article 300-A of the Constitution of India and consequently set-aside the proceedings of the 4*^ Respondent in Rc.No. 12/2025. dt.5.4.2025 and also direct the 4*^ respondent not to dispossess/interfere with the possession and enjoyment of the Petitioner with respect of the land an extent of Ac. 0.74 cents in Sy.Nos. 333/1, 334/2, 333/3, 334/3 of Avilala Village lands, Tirupati Rural Mandal, Chittoor district now in Tirupati District. lA 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 to direct the 4**^ Respondent not to dispossess / interfere with the possession and enjoyment of the Petitioner with respect of the land an extent of Ac.0.74 cents in Sy.Nos.333/1, 334/2, 333/3, 334/3 of Avilala Village lands Tirupati Rural Mandal, Chittoor District, now in Tirupati District by suspending the operation of the proceedings of the 4*'' Respondent in Rc.No. 12/2025. dt.5.4.2025. Counsel for the Petitioner: SRI G RAMESH BABU Counsel for the Respondents 1 & 2: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondents 3 & 4: SRI P.A.K. YADAV FOR M. SUDHIR, SC for ZPP, MPP AND GRAM PANCHAYAT Counsel for the Respondent No.5: SRI K.K DURGA PRASAD, SC for TUDA The Court made the following order: 1 APHC010205302025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3328] MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 10318/2025 Between: 1.DOMMARAJU RANI, S/0. DOMMARAJU SUBRAMANYAM RAJU. AGED ABOUT 48 YEARS. R/0. D.N0.11 -133, TELEPHONE COLONY AVILALA VILLAGE, TIRUPATI RURAL MANUAL, TIRUPATI DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT. A.P. SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2.THE DISTRICT COLLECTOR, TIRUPATI DISTRCT, TIRUPATI 3.THE MANUAL DEVELOPMENT OFFICER, TIRUPATI RURAL MANDAL, TIRUPATI DISTRICT 4.THE AVILALA GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, AVILALA VILLAGE, TIRUPATI RURAL MANDAL, TIRUPATI DISTRICT 5.THE TIRUPATI URBAN DEVELOPMENT AUTHORITY, REP. BY ITS VICE PRESIDENT, TIRUPATI.TIRUPATI DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1.G RAMESH BABU Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2 2. Karri kalyan Durga Prasad SC FOR TUDA The Court made the following: ORAL ORDER: Heard Sri G. Ramesh Babu, learned Counsel for the Writ Petitioner, Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj, Sri P.A.K. Yadav, learned Counsel appearing on behalf of Sri M. Sudhir, learned Standing Counsel for ZPP, MPP and Gram Panchayats and Sri Durga Prasad, learned Standing Counsel for TUDA (Respondent No.5). K.K. 2. The present Writ Petition is filed seeking following relief: It is prayed that this Hon’ble Court may be pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings of the 4'^ Respondent in Rc.No.12/2025, dt. 5.4.2025, wherein, the 4*^ Respondent tried to dispossess and interfere with the possession and enjoyment of the Petitioner in respect of the land an extent of Ac.0.74 cents in Sy.Nos.333/1, 334/2, 333/3, 334/3 of Avilala Village lands Tirupati Rural Mandal, Chittoor District, now in Tirupati District without initiating any land acquisition proceedings/without following due process of law as illegal, arbitrary and violative of Article 300A of the Constitution of India and consequently set aside the proceedings of the 4*^ Respondent dispossess/interfere with the i enjoyment of the Petitioner with respect of the land extent of Ac.0.74 cents in Sy.Nos.333/1, 334/2, 333/3, 334/3 of Avilala Village lands, Tirupati Rural Mandal,’ Chittoor district, now in Tirupati District and pass such other or further Orders may deem fit and proper under circumstances of the case.” not to possession and an 3. Sri P.A.K. Yadav, learned Counsel appearing for the Respondent Nos.3 & 4 has submitted the Written Instructions furnished by the Panchayat Secretary, Avilala Gram Panchayat dated 03.05.2025. Copy of it is supplied to the Counsel for the Writ Petitioner as well and the same is taken on record. 3 On perusal of the Written Instructions, this Court is of the opinion that there is no tangible information furnished by the Panchayat Secretary through the present Written Instructions. 4. Learned Counsel for the Writ Petitioner has placed on record the Judgment passed by the Hon’ble Apex Court in Raju S. Jethmalani and Ors Vs. State of Maharashtra and Ors : (2005) 11 SCO 222 . Learned Counsel for the Writ Petitioner has drawn the attention of this Court to paras 3 & 4 of the said Judgment which indicates that without payment of compensation, even a master plan of a city or town cannot be executed. The relevant portion of para 3 of the said Judgment is usefully extracted 5. X \ 6. hereunder: 3 In the present case, it is clear that Plot No.438 belonged to a private person and it was shown garden in the development plan of 1966. But no effort was made by the Municipal Corporation or the Government to acquire this plot for the purpose of developing as a it as a garden In the present case, though the development plan has been prepared in the year 1966 and the area has been earmarked for the purpose of garden but proceeding for acquisition of the present plot was ever initiated by the respondent Municipal Corporation by the State Government. There is no prohibition for preparing the development plan comprising of private land but that plan cannot be implemented unless the said private land is acquired by the Government development no or for purpose. 7. In the present case, it is an admitted fact that the issue of finalization of a master plan is still pending with the Tirupati Urban Development Authority (Respondent No.5). In any case, even if the master plan has been approved, the Official Respondents cannot take possession of the Petitioner’s patta land 4 without acquiring the same and without paying the compensation. In this view ' of the matter, the pipeline, which is proposed to be laid by the Official Respondents, cannot be laid in the land belonging to the Writ Petitioner in view of the dictum of the Hon’ble Apex Court, mentioned supra. 8. Accordingly, the present Writ Petition stands allowed. No order as to costs. 9. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- M. SRINIVAS ASSISTANT REGISTRAR / //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, A.P. Secretariat at Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Tirupati District, Tirupati. 3. The Mandal Development Officer, Tirupati Rural Mandal, Tirupati District. 4. The Panchayat Secretary, Avilala Gram Panchayat, Avilala Village, Tirupati Rural Mandal, Tirupati District. 5. The Vice President, Tirupati Urban Development Authority, Tirupati,Tirupati District. 6. One CC to Sri G.Ramesh Babu, Advocate [OPUC] 7. One CC to Sri M. Sudhir, SC forZPP, MPP and Gram Panchayat [OPUC] 8. One CC to Sri K.K. Durga Prasad, SC for TUDA [OPUC] 9. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT] Two CD Copies 10. RAM HIGH COURT DATED:05/05/2025 \ ORDER WP.No.10318 of 2025 ALLOWING THE WP WITHOUT COSTS