APHC010392132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER^ TWO THOUSAND AND TWENTY FIVE ^ PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NOS: 19820 AND 252 OF 2025 WRIT PETITION NO: 19820 OF 2025 Between: Yemireddy Surendra Mohan Reddy, S/o. Narayana Reddy, Aged 49 years, D.No.2/260, Gurrampadu Panchayat, Obulam Palle Village, Chennur Mandal, Kadapa District, Andhra Pradesh,lndia-516162. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Guntur. 2. The District Panchayat Raj Officer, Kadapa, YSR Kadapa District. 3. Gurrampadu Grama, Panchayat, By its Panchayat Secretary, Gurrampadu Village, Chennur Mandal, YSR Kadapa District. 4. The Mandal Surveyor, Chennur Mandal, YSR Kadapa District 5. S Sujathamma, W/o Naga Pattabhi Reddy Aged about 68 years, R/o Obulampalli Village, Gurrampadu Grama Panchayat, Chennur Mandal. YSR Kadapa District. 6. S Naga Lokeshwar Reddy, S/o Naga Pattabhi Reddy R/o Obul Village Kadapa District. ^alli Gurrampadu Grama Panchayat Chennur Mandal, YSR ...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 4- pleased to issue a writ, order or direction more particularly one in the nature of Writ of mandamus declaring the action of respondent No.3 in not taking the action against the respondent No.5 and 6 and also for not taking any action for the representation dt 23-11-2024 given by the petitioner's villagers, as it is illegal, arbitrary and violative of articles 14,16 and 21 and 300A of constitution of India and also direct the respondent no.3 and 4 to make the road as it is earlier and also direct the respondent No.4 to survey the road boundaries and measurements, by considerjng the prior title deeds of the petitioner and respondent No.5 and 6. 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 respondents no. 5 & 6 not to occupy the road illegally,/0ending disposal of Writ Petition. Counsel for the Petitioner: SRI RAYALCHERUVU ABISHEK REDDY Counsel for the Respondent Nos. 1 and 2: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent Nos. 3 and 4: SRI M SUDHIR SC FOR ZPP MPPANDGP APHC010004902025 WRIT PETITION NO: 252 OF 2025 Between: S Sujathamma, W/o Naga Pattabhi Reddy, Aged about 68 Obulampalli Village, Gurrampadu Grama Panchayat, Chennur Mandal, YSR Kadapa District. years, R/o ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Velagapudi, Guntur. 2. The District Panchayat Officer, Kadapa, YSR Kadapa District. 3. Gurrampadu Grama Panchayat, Rep by its Panchayat Secretary Gurrampadu village, Chennur mandal, YSR Kadapa District. »■ Secretariat, ...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 action of the 3rd respondent in proposing to demolish the structures ip the open place of 9' X 30' in between the two houses of the petitioner bearing House No.2/525, Obulavaripalli village in Sy.No.227 of Gurrampadu Revenue Village, Chennur mandal, YSR Kadapa district and lay road even without passing final orders as per show cause notice dt 23.12.2024 as illegal, unjust, arbitrary, highhanded, malafide, also in violation of statutory provisions and also in violation of Art.300A of the Constitution of India and consequently direct the respondents particularly the 3rd respondent not to demolish the structures in the open place of 9' X 30' of the petitioners patta land in between the two houses of the petitioner bearing House No.2/525, Obulavaripalli village in Sy.No.227 of Gurrampadu Revenue village, Chennur mandal, YSR Kadapa 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 3rd respondent not to demolish the structures in the open place of 9’ X 30’ of the petitioner’s patta land in between the two houses of the petitioner bearing House No.2/525, Obulavaripalli village in Sy.No.227 of Gurrampadu Revenue village, Chennur mandal, YSR Kadapa district pending disposal of the above Writ Petition. r f lA NO: 2 OF 2025 Between: The Gurrampadu Grama Panchayat, Chennur mandal, YSR Kadapa District Rep by its Panchayat Secretary, . ...Petitioner/Respondent No. 3 AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Guntur. 2. The District Panchayat Officer, Kadapa, YSR Kadapa District. ... Respondents/Respondents 3. S Sujathamma, W/o Naga Pattabhi Reddy, Aged about 68 years,R/o Obulampalli Village, Gurrampadu Grama Panchayat, Chennur Mandal, YSR Kadapa District. ^ ...Respondents/Petitioners 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 vacate the order dated.^07.01.2025 passed in W.P No. 252 of 2025 in the interest of justice. Counsel for the Petitioner: SRI L J VEERA REDDY Counsel for the Respondent Nos. 1 and 2: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No. 3 : SRI M SUDI^ SC FOR ZPP, MPP AND GP ^ The Court made the following Common order: / ::1:: 4 APHC010392132025 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 NOs: 19820 and 252 of 2025 W.P.No.19820 of 2025 Between: 1.YEMIREDDY SURENDRA MOHAN REDDY, REDDY,AGED 49 YEARS, D.NO.2/260, GURRAMPADU PANCHAYAT, OBULAM PALLE VILLAGE, CHENNUR MANDAL, KADAPA DISTRICT, ANDHRA PRADESH,LNDIA-516162. S/0. NARAYANA ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR. 2.THE DISTRICT PANCHAYAT RAJ OFFICER, KADAPA, YSR KADAPA DISTRICT. 3. GURRAMPADU GRAMA PANCHAYAT, BY ITS PANCHAYAT SECRETARY, GURRAMPADUVILLAGE, CHENNUR MANDAL, YSR KADAPA DISTRICT. 4.THE MANDAL SURVEYOR,CHENNUR MANDAL, YSR KADAPADISTRICT 5.S SUJATHAMMA, W/0 NAGA PATTABHI REDDY AGED ABOUT 68 YEARS, R/0 OBULAMPALLI VILLAGE MANDAL, YSR KADAPA DISTRICT. 6.S NAGA LOKESHWAR REDDY, S/0 NAGA PATTABHI REDDY OBULAMPALLI VILLAGE, GURRAMPADU GRAMA PANCHAYAT, CHENNUR GURRAMPADU GRAMA PANCHAYAT, CHENNUR R/0 MANDAL, YSR KADAPA 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 to issue a writ, order or direction particularly one in the nature of Writ of mandamus declaring the action of respondent No.3 in not taking the action against the respondent No.5 and 6 and also for not taking any action for the representation dt 23-11-2024 given by the petitioner's villagers, as it is illegal, arbitrary and violative of articles 14,16 and 21' and 300A of constitution of India and also direct the respondent no.3 and 4 to make the road as it is earlier and also direct the respondent No.4 to survey the road boundaries and measurements, by considering the prior title deeds of the petitioner and respondent No.5 and 6 pass Counsel for the Petitioner: 1. RAYALCHERUVU ABISHEK REDDY Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats more 4 ;3: W.P.No.252 of 2025 r 1.S SUJATHAMMA, W/0 NAGA PATTABHI REDDY, AGED ABOUT 68 YEARS,R/0 OBULAMPALLI VILLAGE, PANCHAYAT, CHENNUR MANDAL, YSR KADAPA DISTRICT. GURRAMPADU GRAMA ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR. 2. THE DISTRICT PANCHAYAT OFFICER, KADAPA, YSR KADAPA DISTRICT. BY ITS PANCHAYAT GURRAMPADU VILLAGE, CHENNUR MANDAL, YSR 3. GURRAMPADU GRAMA PANCHAYAT, SECRETARY, KADAPA 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 to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent in proposing to demolish the structures X 30' in between the two houses of the Obulavaripalli village in in the open place of 9' petitioner bearing House No.2/525, Sy.No.227 of Gurrampadu Revenue village.Chennur mandal, YSR Kadapa district and lay road even without passing final orders as per show cause notice dt 23.12.2024 as illegal, unjust, arbitrary, highhanded, malafide, also in violation of statutory provisions and violation of Art.300A of the Constitution of India and also in consequently direct the respondents particularly the 3rd respondent not to de.molish the structures in the open place of 9' X 30' of the petitioners patta land in between the two houses of the petitioner bearing House No.2/525, Obulavaripalli village in Gurrampadu Revenue village, Chennur mandal, YSR Kadapa district Sy.No.227 of and pass ;4; Counsel for the Petitioner: 1.LJVEERA REDDY Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA r W.P.Nos.19820 and 252 of 2025 Since the issue involved in both the writ petitions is one and the same, this Court is inclined to dispose of these writ petitions by this COMMON ORDER: For the sake of convenience, the parties are referred to as they are arrayed in W.P. No.19820 of 2025. The case of the petitioner in W.P.No.19820 of 2025 is that he submitted a representation to Gram Panchayat requesting to protect the road besides house of Sant Lokeshwar Reddy and others which is an old road to reach the Ramalayam Temple by the villagers since decades together. Considering the representation of the petitioner, the 3^"* Respondent - Gram Panchayat issued notices to the petitioner in W.P.No.252 of 2025/ 5'^ Respondent herein sought for explanation within a period of 15 days on 23.12.2024. In pursuance of the notice, the respondent No.5 submitted a detailed explanation dated 27.12.2024 narrating his right over the subject property. After submission of explanation by the Respondent No.5, so far the 3 respondent - Gram Panchayat did not pass any speaking order nor 2. rd :6:: issued any other proceedings but interfering with the peaceful • possession and enjoyment of the petitioner’s property.- Hence the Writ Petition. 3. Pending Writ Petition learned Stahding Counsel filed stay petition in I.A.No.2 of 2025 in W.P.No.252 of 2025 wherein it is stated as under: “2. It is humbly submitted that the villagers of Obulampalli submitted representation to this Gram Panchayat dated 23.11.2024 stating that was a way from east to west in between houses of Sontham lokesh Reddy S/o Pattabi & Vemireddy Surendra reddy S/o Narayana Reddy to go to the ramalayam temple. The villagers stated that the petitioner blocked the way by constructing basement & steps by way of occupying village site (Gramakantam Land) construction of basement by the petitioner on the way it is difficult for the villagers to go to the temple especially in the festival season. So that the villagers of obulampalli requested this Gram Panchayat to provide way to qo ■ the temple. ^ vacate 3 It IS further submitted that basing on the representation of the villagers this respondent issued notices to the another neighbouring house Surveyor conducted the petitioner and Subsequently, Mandal owners, survey of the land in question and submitted a report on 12.02.2025. I am filing the FMB and Survey report with regarding to field No.226 for the kind consideration of this Hon ble Court. The above said survey discloses that there is a vacant site in between a petitioner & V. Surendra Reddy’s house (0.75 cents). The survey report also reveals that basement with kadapa stone flooring in between petitioner & Srinivani’s house (0.50 cents). The very report of the surveyor discloses that there IS a vacant site to go to the Ramalayam Temple. The petitioner constructed basement with kadapa stone flooring in the village site there by obstructing the people of the village to go the ramalayam Temple. “ 4. As per the field map for survey No.226 filed by the Tahsildar, after conducting survey on 12.02.2025, it is clarified that there is an existing path on both sides of the petitioner’s property to reach the ramalayam temple to main road. He also filed Gram Panchayat map which was duly certified by the Mandal Surveyor as well as Tahsildar Learned counsel confirming the road as claimed by the petitioner, for the petitioner in W.P.No.252 of 2025/5*^’ Respondent herein submits that without passing any speaking orders, respondents cannot interfere with the peaceful possession and enjoyment of the petitioner’s property. 5. Considering the submissions of both the parties and perusal of the counter filed by the 3'^^ Respondent - Gram Panchayat, it appears that the record filed by the Gram Panchayat along with the counter affidavit clearly and categorically shows that the abutting to the petitioner’s house two roads are existing i.e., one on western side as % well as and other on eastern side. The said fact was confirmed by the FMB and Survey Report with regard to Survey No.226, which is duly certified by the Tahsildar as well as Mandal Surveyor on 12.02.2025 and same was identified by way of Google Pin by the Tahsildar and Surveyor on 12.02.2025. 6. In view of clear and categorical admission by learned Government Pleader as well competent authorities, the Gram Panchayat is under statutory obligation to protect the streets as contemplated U/s 53 & Icy 98 of Panchayat Raj Act, 1994 to remove the encroachments if any in respect of public road vested with the Gram Panchayat. Since the petitioner’s explanation already submitted in W.P.No.252/2025, the Gram Panchayat shall consider the same and pass appropriate In view of the reasons stated as orders in accordance with law. above, the Respondent - Gram Panchayat is hereby directed to consider the explanation dated 27.12.2024 of the petitioner in W.P.No.252/2025 after affording an opportunity of hearing to both the parties and other stakeholders if any pass reasoned speaking orders within a period of four (04) weeks from the date of receipt of a copy of this order and after such passing of orders, the Gram Panchayat shall proceed further for removal of the encroachments if any by following due process of law. With the above directions, the Writ Petitions are disposed of. 7. No costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. Sd/- K KASIRAO ACHAm assistant REGISTRAR //TRUE COPY// t/y" SECTION OFFICER To, Principal Secretary, Panchayat Raj and Rural Development 1. The Department, State of AP, Secretariat, Velagapudi, Guntur. 2. The District Panchayat Officer, Kadapa,YSR Kadapa District. 3. The Mandal Surveyor, Chennur Mandal, YSR Kadapa District. A Grama Panchayat, Gurrampadu 4. The Panchayat Secretary, Gurrampadu village, Chennur mandal, YSR Kadapa District. Sri. L J Veera Reddy Advocate [OPUC] Sri M Sudhir SC for ZPP, MPP and GP [OPUC] r ' 5. OneCCto 6. OneCCto 7. One CC to Sri. Rayalcheruvu Abishek Reddy Advocate [OPUC] Panchayat Raj Rural Dev High Court of Andhra 8. Two CCS to GP for Pradesh [OUT] 9. Two CD Copies GSC HIGH COURT DATED:26/09/2025 COMMON ORDER WP NOS. 19820 AND 252 OF 2025 ANO^. Of g( 11 OCT 2025 J rrentSectio^xy' SPATC^ 'I .03 DISPOSING THE WPS WITHOUT COSTS