APHC010525002025 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: 27017/2025 Between: 1. TELLABANDA PADMA, S/O T.CHINNASWAMY ,AGED ABOUTI YEANS, OCCHOUSEWIFE,R/O.CHOUTABHEEMAVARAM VILLAGE , , ANUMASAMUDRAMU PETA MANDAL, SPSRNELLOREDISTRICT,A.P. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT., A.P. 2. THE DISTRICT COLLECTOR, NELLORE SPSR NELLORE DISTRICT, A.P. 3. THE MANDAL PARISHAD DEVELOPMENT OFFICER, ANUMASAMUDRAMU PETA MANDAL, SPSR NELLORE DISTRICT, A.P. 4. THE PANCHAYAT SECRETARY, CHOUTABHEEMAVARAM GRAM PANCHAYAT, ANUMASAMUDRAMU PETA MANDAL, SPSR NELLORE 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 topleased to issue a Writ or orer or direction more particularly a Writ 2 of Mandamus to declare action of the 3RD and 4THRespondent are trying to laydown the road in the petitioner vacant land to an extent of 0.05 cents in Survey No. 185-1 situated at Choutabheemavaram Village , Anumasamudramu peta Mandal , Spsr Nellore district , whereby and where under such as coercive measures such as dispossession have been effected in the above said land and further without giving any notice and without following due process of law which violation of principle of natural justice which is illegal, arbitrary, violation of Principles of natural justice and violation of the Article-14,21 of the Constitution of India and pass s IA 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 Pleased to that this Honourable Court may be pleased to grant Stay of all further proceedings that not to laydown the road in the petitioner land to an extent of 0.05 cents Survey No.185-1 Situated at ChoutabheemavaramVillage ,AnumasamudrampetaMandal,Spsr Nellore District, without following due process of law, pending the above Writ petition and be pleased to pass Counsel for the Petitioner: 1. AKKEM SRIHARIVIRAT Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27017/2025 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 declare action of the 3rd and 4th respondent are trying to laydown the road in the petitioner’s vacant land to an extent of Ac.0.05 cents in Survey No.185-1 situated at Choutabheemavaram Village, Anumasamudramu Peta Mandal , SPSR Nellore district, whereby and where under such as coercive measures such as dispossession have been effected in the above said land and further without giving any notice and without following due process of law which violation of principle of natural justice which is illegal, arbitrary, violation of Principles of natural justice and violation of the Article-14, 21 of the Constitution of India and pass such other order.” 2. Heard the learned counsel for the petitioner, learned Government Pleader for respondent Nos.1 and 2 and the learned Standing Counsel for respondent Nos.3 and 4. 3. Learned counsel for the petitioner submits that the petitioner purchased the land admeasuring to an extent of Ac.0.05 cents in Sy.No.185, Chouta Bheemavaram Village, Anumasamudrampeta Mandal, SPSR Nellore District. Since then, the petitioner has been in peaceful possession and enjoyment of the subject property. The petitioner made a representation to the Tahsildar as well as Surveyor of Gram Panchayat to conduct survey and to fix boundaries whether there is any road in the subject land or 4 not. After conducting the enquiry, the Tahsildar and the Surveyor of Gram Panchayat jointly given a report stating that there is no road in the subject land and the subject land is under possession and enjoyment of the petitioner. While so, respondent Nos.3 and 4 are trying to lay a road in the subject land, without following due process of law. Hence, the Writ Petition. 4. Learned Government Pleader as well as the Standing Counsel submits that, if the respondents intend to lay a road through the petitioner’s subject land, the respondents would follow due process of law. 5. Having regard to the submissions made by the both the learned counsel and on perusal of the material placed on record, this Court deems it appropriate to dispose of the Writ Petition directing the respondents not to lay any road through the petitioner’s subject land, without following due process of law. 6. 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 2266..0099..22002255 TTPPSS 5 82 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:27017 of 2025 2266..0099..22002255 TTPPSS