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2025 DAILYLAW 49206 (AP)

HAVALIGI RAMANJANEYULU v. THE STATE OF AP

WP/28887/2023 · 2025-12-02

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010556592023 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. HAVALIGI RAMANJANEYULU, S/O.LATE RAMANNA, AGED ABOUT 46 YEARS, OCC AGRICULTURIST, R/O.URAVAKONDA VILLAGE AND MANDAL, ANANTHAPURAMU DISTRICT 1. THE STATE OF AP, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. REP. BY ITS PRINCIPAL SECRETARY. 2. THE DISTRICT COLLECTOR, ANANTHAPURAMU DISTRICT, ANANTHAPURAMU. 3. THE DISTRICT PANCHAYAT OFFICER, ANANTHAPURAMU DISTRICT, ANANTHAPURAMU. 4. THE TAHSILDAR, URAVAKONDA MANDAL DISTRICT. 5. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ DEPARTMENT, ANANTHAPURAMU. 6. THE DEPUTY EXECUTIVE ENGINEER, PANCHAYAT RAJ DEPARTMENT, URAVAKONDA. 7. URAVAKONDA PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, URAVAKONDA VILLAGE AND ANANTHAPURAMU DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 28887/2023 HAVALIGI RAMANJANEYULU, S/O.LATE RAMANNA, AGED ABOUT 46 YEARS, OCC AGRICULTURIST, R/O.URAVAKONDA VILLAGE AND MANDAL, ANANTHAPURAMU DISTRICT ...PETITIONER AND THE STATE OF AP, PANCHAYAT RAJ DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. REP. BY ITS PRINCIPAL SECRETARY. THE DISTRICT COLLECTOR, ANANTHAPURAMU DISTRICT, ANANTHAPURAMU. THE DISTRICT PANCHAYAT OFFICER, ANANTHAPURAMU DISTRICT, ANANTHAPURAMU. THE TAHSILDAR, URAVAKONDA MANDAL, ANANTHAPURAMY THE EXECUTIVE ENGINEER, PANCHAYAT RAJ DEPARTMENT, ANANTHAPURAMU. THE DEPUTY EXECUTIVE ENGINEER, PANCHAYAT RAJ DEPARTMENT, URAVAKONDA. URAVAKONDA PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, URAVAKONDA VILLAGE AND ANANTHAPURAMU DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY,THE THIRD DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI HAVALIGI RAMANJANEYULU, S/O.LATE RAMANNA, AGED ABOUT 46 YEARS, OCC AGRICULTURIST, R/O.URAVAKONDA VILLAGE ...PETITIONER THE STATE OF AP, PANCHAYAT RAJ DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, ANANTHAPURAMU DISTRICT, THE DISTRICT PANCHAYAT OFFICER, ANANTHAPURAMU , ANANTHAPURAMY THE EXECUTIVE ENGINEER, PANCHAYAT RAJ DEPARTMENT, THE DEPUTY EXECUTIVE ENGINEER, PANCHAYAT RAJ URAVAKONDA PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, URAVAKONDA VILLAGE AND MANDAL, ...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 of mandamus or any other appropriate writ or direction declaring the action of the respondents in not removing the laid road in the petitioner's private patta land of an extent Ac.2.31 cents in Sy.No.230- A, situated at Uravakonda village and Mandal of Ananthapuramu District and in not restoring the original road existed in Sy.No.220 in an extent of Ac.3.48 cents as illegal, arbitrary, violation of principles of natural justice and violation of Article 300-A of Constitution of India and consequently direct the respondents to remove the newly laid road through the petitioner's private patta land i.e., land of an extent Ac.2.31 cents in Sy.No.230-A, situated at Uravakonda village and Mandal of Ananthapuramu District by restoring the existing road situated in Sy.No.220 in an extent of Ac.3.48 and pass IA NO: 1 OF 2023 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 direct the respondents to remove the newly laid road through the petitioner's private patta land i.e., land of an extent Ac.2.31 cents in Sy.No.230-A, situated at Uravakonda village and Mandal of Ananthapuramu District by restoring the existing road situated in Sy.No.220 in an extent of Ac.3.48 and pass Counsel for the Petitioner: 1. C SUBODH Counsel for the Respondent(S): 1. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 2. GP FOR REVENUE 3. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ORDER The writ petition is filed questioning the inaction of the respondent in removing the laid road in the petitioner’s private patta land in an extent of Ac.2-31 cents in Survey No.230-A situated at Uravakonda Village and Mandal of Ananthapuram District. 2. The contents of the writ affidavit as well as counter-affidavit of respondent no.7-Secretary Gram Panchayat, would go to show that the petitioner filed suit vide O.S.No.79 of 2023 on the file of Junior Civil Judge, Uravakonda against the authorities of the Panchayat in respect of the same subject property for permanent injunction but failed to obtain injunction. 3. It is an established principle of law that the parties cannot be permitted to pursue two parallel proceedings simultaneously. Since the petitioner had already knocked the doors of the competent civil Court for redressal of his grievance in respect of the same subject property, he is debarred from approaching this Court by way of this writ petition. 4. In view of the above, this writ petition is disposed of. The petitioner is at liberty to pursue his remedies in the suit pending before the civil Court. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI Dated: 3rd December, 2025. RR