APHC010204842024 n. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER^^^^'^^''^ TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10148 OF 2024 iL A o w*. • 'ft-, o.w o .V Between: 1. Gudavalli Venkateswara Rao, S/o G. Nageshwara Rao, Aged about 61 years, Occ: Business, R/o.H.No.74-10/1-1, Lakshmipathi Nagar, Near Auto Nagar, Vijayawada - 520007, Krishna District. 2. Gudavalli Basanthi Kumari, W/o. G. Venkateshwara Rao, Aged about 56 years, Occ House wife, R/o.H.No.74-10/1-1, Lakshmipathi Nagar, Near Auto Nagar, Vijayawada - 520007, Krishna District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Government, to Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector(Panchayat Wing), Krishna District. 3. The Posinavaripalem Gram Panchayat, Rep. by its Panchayat Secretary, Posinavaripalem Area, Suradaipet Village, Guduru Mandal, Krishna District. 4. Sri PindiRamadevi(President), W/o PindiVenkanna, Aged about 40 years, PosinavaripalemGramaPanchayat, Guduru Mandal, Krishna District. PindiRamadevi (President)V Aged Panchayat, Guduru Mandal, 5. PindiVenkannaBabu, Husband of about 45 years, PosinavaripalemGrama Krishna District 6 GudavalliKrishnarjunulu, S/o. G. Raja Posinavaripalem Area, Suradaipet Village, Guduru Mandal. Krishna District. 7 Mareedu Raghu, S/o. M. Koteshwara posinavaripalem Area, Suradaipet Village, Guduru Mandal, Krishna District. 8. Gudavalli Venkateshwara Rao, S/o. G Posinavaripalem Area, Suradaipet Village ► Rao, Aged about 45 years. Rao, Aged about 55 years . Purushothham, Aged about 44 Guduru Mandal, years, Krishna District. ...RESPONDENTS of the Constitution of India praying that in the Petition under Article 226 circumstances stated in the affidavit filed therewith, the High Court may be a writ, order or direction more particularly one in the nature the action of 3 to 8 respondents who are pleased to issue of WRIT OF MANDAMUS declaring trying to lay road through our agricultural land without following due process Nos.3 to 8 are trying to of law. Stating that the private persons/respondents with the third parties and land, in connivance lay road through our obtaining prior permission of us and not paying unjust contrary to the material government officials without eligible compensation is illegal, arbitrary. of principles of natural justice violative of Articles of India and consequently direct the available on record violative 14, 21 and 300-A of the Constitution forthwith stop the illegal activities of respondents 3 to 8 or of the aforesaid agricultural land of us in the any respondents to other third party in respect interest of justice. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated support of the petition, the High Court may be pleased to in the affidavit filed in direct the respondents 3 to 8 to stop all further activities/improvements in or through our agricultural land in Sy Nos.316/1, 316/3, 316/4, 316/7, 316/8 an extent of Ac. 1.06 cents and in S. No. 317/1 an extent of Ac. 1.00 cents the total extent of Ac. 2.06 cents Suradaipet Village, Posinavaripalem Gram Akulamannadu Gram Panchayat), Krishna District, Panchayat (earlier pending disposal of the above Writ Petition and pass lA NO: 2 OF 2024 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 respondents 3 to 8 to not to interfere in peaceful possession and enjoyment of our agricultural land in Sy Nos.316/1, 316/3, 316/4, 316/7, 316/8 total extent of Ac. 1.06 cents and in S. No. 317/1 an extent of Ac. 1.00 cents, the total extent of Ac. 2.06 cents in Suradaipet Village, Posinavaripalem Gram Panchayat (earlier Akulamannadu Gram Panchayat), Krishna District, pending disposal of the above Writ Petition. Counsel for the Petitioners: SRI G.V.K.L. NARAYANA Counsel for the Respondent No.1 & 2:GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent No.3: SRI Y. KOTESWARA RAO, SC FOR ZPP, MPP and GRAM PANCHAYAT Counsel for the Respondent Nos.4 to 8:— The Court made the following order: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.10148 OF 2024 ORDER:- 1. This writ petition is filed under Article 226 of the Constitution of India, to issue writ of mandamus, declaring the action of Respondent Nos.3 to 8 who are trying to lay road through agricultural lands without following due process of law and consequently direct the respondents to forthwith stop the illegal activities of Respondent Nos.3 to 8 or any other third party in respect of the agricultural lands of the petitioners. 2. Learned counsel for the petitioners submits that the unofficial respondents / Respondent Nos.3 to 8 are interfering and trying to lay road through it into the agricultural land of the petitioners in an extent of Ac.1-06 cents in Sy.Nos.316/1, 3, 4, 7,8 and Ac.1-00 cents in Sy.No.317/1 in Suradaipet Village, Posinavaripalem Gram Panchayat, Krishna District. Without issuing any notice and without following due process of law. Respondent Nos.3 to 8 have unauthorizedly occupied a portion of the agricultural lands of the petitioners and laid a road, which is contrary to the provisions of The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013. 2 NV,J W.P.No.10148 of 2024 1:^ 3. Whereas, the learned Standing Posinavaripalem Gran. Panchayat, nied a counter affidavit ‘kaccha road’ Counsel for Respondent No. 3, stating that a burial ground’. On this was existed leading to the Hindu kaccha road only, a GSB (Granular Sub-Base) benefit of the public/villagers. Since kaccha road to road was laid to the 1974, villagers have been using this access the Hindu burial rites of deceased members of the ground for performing the final community. The Zilla Parishad issued a sanction order for the formation of the GSB road on 19.12.2023, and •2024. The petitioners, however the road was completed by 30.01 the writ petition only after the suppressing these facts and Furthermore, the learned Parishad merely upgraded the since 1974, , filed construction of the road was completed, by remaining silent during the road's formation. Standing Counsel submits that the Zilla existing kaccha road used by the villagers the Hindu burial ’ agricultural land connecting the village habitation to ground. Importantly, no portion of the petitioners during laying of GSB road. was occupied 4. Having considered the perusal of the material submissions of both counsel and upon on record, it is observed that there i regarding the ownership and rights of the - IS no dispute petitioners over deed scheduled subject lands, which they acquired through registered title 3 NV,J W.P.No.10148 of 2024 deeds. Necessary revenue records have been issued in their favour. As stated in the counter affidavit, a kaccha road has existed since 1974 and has been used by the villagers to access the burial ground was also admitted by both parties. However, it is further asserted by the petitioner that during the construction of the road, the respondents not only converted the existing kaccha road but also occupied and encroached upon a portion of the petitioners’ agricultural land. This allegation of encroachment/occupation has neither been admitted nor refuted by the respondents in their counter affidavit. It is a well-settled proposition of law that a public authority cannot interfere with the rightful ownership of private land or lay roads on such land under the guise of public purpose without following due process of 5. law. In the present case, the road was constructed on 30.01.2024, prior to the filing of the writ petition. The contention of the learned counsel for the petitioner that the respondents and the Zilla Parishad have laid the road by not only converting the existing kaccha road but also occupied their land prima facie is not accepted by this Court. Therefore, Respondent No. 2 (District Collector) and the Tahsildar concerned are hereby directed to conduct a survey and demarcate the land in 6. 4 NV,J W.P.No,10148 of 2024 accordance with the provisions of the Survey and Boundaries Act, 1923 in respect of petitioners land and existing Kacha Road. If it is found in the survey that any portion of the petitioners’ land had been encroached upon by Respondent Nos.3 to 8 any third parties, necessary steps shall be taken by the respondents authorities in accordance with law. or Further, the petitioners shall be entitled to compensation in accordance with the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in the event of their property was occupied in laying the subject road. Further, Respondent Nos. 2, 3, the Tahsildar, and the Zilla Parishad are further directed to complete the survey, demarcation, and submit a detailed survey report to the petitioners within a period of four months from the date of receipt of a copy of this order. 7. With the above direction, writ petition is disposed of. No costs 8. Consequently, miscellaneous applications pending if any, shall stand dismissed. Sd/- K TATA RAO DEPUTY^REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary to Government, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Velagapudi, Amaravati, Guntur District. 2. The District Collector (Panchayat Wing), Krishna District. 3. The Panchayat Secretary, Posinavaripalem Gram Panchayat, Posinavaripalem Area, Suradaipet Village, Guduru Mandal, Krishna District. Secretariat, 4. One CC to Sri G.V.K.L Narayana, Advocate [OPUC] 5. One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUC] 6. Two CCs to GP for Panchayat Raj and Rural Development, High Court of Andhra Pradesh [OUT] 7. Two CD Copies. Hi ssb HIGH COURT DATED:24/09/2025 ORDER WP No. 10148 OF 2024 OCT 2025 S^,Cl^ent S«ctioivX^^ m o»} DISPOSING OF THE W.P. WITHOUT COSTS