APHC010037802019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1725/2019 Between: 1. V CHOULTRY, ANAKAPALLI VILLAGE AND MANDAL, VISAKHAPATNAM DISTRICT. REP. BY ITS EXECUTIVE OFFICER ...PETITIONER AND 1. THE STATE OF AP, PANCHAYAT RAJ DEPARTMENT, REP. BY IT SECRETARY. VELAGAPUDI - 522 503 AMARAVATHI GUNTUR DISTRICT. 2. THE MANDAL DEVELOPMENT OFFICER, MUNAGAPAKA MANDAL - 531 033. VISAKHAPATNAM DISTRICT 3. NAGULAPALLI PANCHAYAT, MUNAGAPAKA MANDAL - 531 033. VISAKHAPATNAM DISTRICT REP. BY ITS SECRETARY 4. THE SARPANCH, NAGULAPALLI VILLAGE - 533 447. MUNAGAPAKA MANDAL, VISAKHAPATNAM DISTRICT ...RESPONDENT(S): NV,J W.P.No.1729 of 2019 2 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 topleased to issue Writ of Mandamus or any other appropriate Writ declaring the action of the respondents in proposing to lay the gravel lands belonging to the Petitioner Choultry admeasuring Ac.13.00 cents in Survey Numbers 137/2,4,10, 138/1,4 and 159/2,4 of Nagulapalli Village, Munagapaka Mandal, Visakhapatnam District as bad, illegal, arbitrary, violative of principle of Natural Justice, without jurisdiction and violative of Art.14, 21 86 300A of Constitution of India and consequently direct the respondents not to interfere with the possession without following due process of Law 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 pleased to restrain the respondents from laying the gravel roads and interfering with the possession of the Petitioner Choultry pending disposal of the Writ Petition Counsel for the Petitioner: 1. ELEVATED AS JUDGE Counsel for the Respondent(S): 1. K K DURGA PRASAD 2. GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: NV,J W.P.No.1729 of 2019 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.1725 OF 2019 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief: “to issue Writ of Mandamus or any other appropriate Writ declaring the action of the respondents in proposing to lay the gravel lands belonging to the Petitioner Choultry admeasuring Ac.8-00 cents in Survey Numbers 137/2, 4, 10, 138/1, 4 and 159/2, 4 of Nagulapalli Village Munagapaka Mandal Visakhapatnam District as bad illegal arbitrary violative of principle of Natural Justice without jurisdiction and violative of Articles 14, 21, & 300-A of Constitution of India and consequently direct the respondents not to interfere with the possession without following due process of Law .” 2. The petitioner claims to be the owner of land of an extent of Ac.8-00 cents in Survey Numbers 137/2, 4, 10, 138/1, 4 and 159/2, 4 of Nagulapalli Village Munagapaka Mandal Visakhapatnam District. The petitioner is in peaceful possession and enjoyment of the subject land without any interruption whatsoever. The petitioner submits that, the respondents are proposing to lay gravel road in the land belonging to the petitioner, thereby trying to interfere into the peaceful possession NV,J W.P.No.1729 of 2019 4 and enjoyment of the petitioner subject land. Questioning the action of the respondents, the present writ petition is filed. 3. During hearing, learned counsel for the petitioner, without touching the merits of the case, requested this Court to issue a direction to the respondents not to dispossess the petitioner from his land without following due process of law. 4. Respondent Nos.2 & 3 filed counter affidavit. In Paragraph Nos3 & 4, it is stated that the Gram Panchayat has not made any sanction/proposal to lay road as alleged by the petitioner and no funds were allotted to the said purpose. On 10.03.2017 and 14.04.2017, the Gram Panchayat conducted Grama Sabha as well as General Body meeting resolving to lay BT road on the existing katcha mud road, but the said resolutions are not in execution so far, inasmuch as the sadi katcha mud road covered under survey numbers 137, 138 and 159 which are disputed by the petitioner belongs to them and the same has been stopped. The Gram Panchayat has not laid any road in subject survey numbers as alleged by the petitioner. On the basis of the counter affidavit, learned Assistant Government Pleader submits that, in the event the respondents proposes to evict the petitioner, the NV,J W.P.No.1729 of 2019 5 respondents would follow due process of law and requested to pass appropriate orders. 5. Heard learned counsel for the petitioner, learned Government Pleader for Revenue and perused the material available on record. 6. When the petitioner is in settled possession and enjoyment of the property, he cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “Rame Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.1”. Therefore, if the petitioner is in possession of the subject property, the respondents are directed not to dispossess the petitioner from the subject property, except by due process of law. 7. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs. 8. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:21.07.2025 SP 1 2004 (1) SCC 769 NV,J W.P.No.1729 of 2019 6 113 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.1725 OF 2019 Date:21.07.2025 W SP