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2025 DAILYLAW 50371 (AP)

Narayana Reddy v. The State of Andhra Pradesh

WP/23105/2020 · 2025-10-05

Venkateswarlu Nimmagadda

Public Interest Litigationbody2025

Judgment text

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APHC010347792020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 23105/2020 Between: 1. NARAYANA REDDY, S/O. H.THIMMA REDDY R/O. THOPPIREDDY GARI PALLE, ROMPICHARLA MANDAL, CHITOOR DISTRICT. 2. T.VENKATARAMANA, S/O. T.SIDDAIAH, R/O. D.NO.1-941/1, SAINIK NAGAR, PILER, CHITOOR DISTRICT 3. C.ADINARAYANA REDDY, S/O. CHINTHALA NARASAIAH, R/O. SAIRAM STREET, PILER MANDAL, CHITOOR DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 2. THE DISTRICT COLLECTOR, CHITOOR DISTRICT, CHITTOR 3. THE SUB COLLECTOR, MADANAPALLE, CHITOOR DISTRICT. 4. THE TAHSILDAR, PILERMANDAL, CHITOOR DISTRICT 5. THE VILLAGE REVENUE OFFICER, BODUMALLUVARIPALLI, PILERMANDAL, CHITOOR DISTRICT. 6. THE DISTRICT PANCHAYAT OFFICER, CHITTOOR, CHITOOR DISTRICT 7. THE SECRETARY, BODUMALLUVARIPALLI GRAMA PANCHAYATH, 2 PILER MANDAL, CHITTOOR 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 toto issue an appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus seeking to declare the action of the respondents No.2 to 7 in removing the existing road passing through Bodumallugaripalli village for construction of the Village Secretariat at Bodugalluvari Palli, Chitoor District, which is the only road leads to our house plots Nos.01, 08, 17 and 18 in Sy.No.13 of Bodugalluvari Palli Village fields, Piler Mandal, Chitoor District for our ingress and egress as arbitrary, illegal, colorable exercise of power, contrary to the well established legal principles apart from being violative of the fundamental rights guaranteed to us under Articles 14, 19 and 21 of Constitution of India and consequently direct the respondent Nos.2 to 7 not to remove the existing road for any purpose muchless for the construction of Village Secretariat and pass IA NO: 1 OF 2020 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 Nos.2 to 7 not to remove the existing two (2) lane road passing nearby BodugalluvariPalli Village stating the same required for construction of Village Secretariat, pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S): 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. V VINOD K REDDY 3. K V K REDDY The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.23105 OF 2020 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus seeking to declare the action of the respondents Nos.2 to 7 in removing the existing road passing through Bodumallugaripalli village for construction of the Village Secretariat at Bodugalluvari Palli, Chitoor District which is the only road leads to our house plots Nos.01, 08, 17 and 18 in Sy.No.13 of Bodugalluvari Palli Village fields, Piler Mandal, Chitoor District for our ingress and egress as arbitrary, illegal, colorable exercise of power contrary to the well established legal principles apart from being violative of the fundamental rights guaranteed to us under Articles 14, 19 and 21 of Constitution of India and consequently direct the respondent Nos.2 to 7 not to remove the existing road for any purpose muchless for the construction of Village Secretariat and pass such other order or orders...” 2. Heard learned counsel for the petitioners and learned counsel for the respondents. 3. The case of the petitioners is that the respondent Nos. 2 to 7 are proceeding further to make proposed construction of village secretariat by removing the existing road which is passing through Bodugalluvari Palli Village fields, Piler Mandal, Chittoor District, through which the petitioners herein are having access to their house plots in Sy.No.13 of Bodugalluvari Palli Village fields, Piler Mandal, Chittoor District. 4 4. Learned counsel for the petitioners submits that, after hearing the matter, at the time of admission, this Court was pleased to pass an interim order dated 23.12.2020, which reads as follows: In that view of the matter, there shall be an order restraining respondent Nos. 2 to 5 from taking any coercive steps like removing the road in Sy.No.13 till 16.01.2021. Thereafter, the subject interim order is extended until further orders. 5. On the other hand, learned Standing Counsel for the respondent-Gram Panchayat furnished written instructions dated 04.10.2025, wherein, it is stated as under: “It is humbly submitted that the petitioners stated not to remove the only road lead’s to their house plots No.1, 8, 17 and 18 in Sy.No.13 i.e., the place where the Sachivalayam Building of Bodumalluvaripalli Gram Panchayat of Piler Mandal previously about to be constructed. But as of today, the Sachivalayam building construction is completed and is functional till date and the alternative pathway was also provided to the house plots Nos.1, 8, 17 and 18 in Sy.No.13 which the petitioners are using for their regular activities without from objections.” [[ 6. Learned Standing Counsel for the respondents further submits that the subject construction is already completed and petitioners are having alternative pathway to access to their house plots in Sy.No.13 of Bodugalluvari Palli Village fields, Piler Mandal, Chittoor District. 7. Considering the submissions made by both the learned counsel and in view of the clear and categorical statement made by respondent No.7 that the construction is already completed and petitioners were provided with an 5 alternative path way to access to their house plots in Sy.No.13, the cause in the present writ petition does not survive for further adjudication and no further orders are required to be passed. 8. Accordingly, the writ petition is closed. There shall be no order as to costs. Consequently, miscellaneous petitions, pending, if any, shall stand closed. __________________________________ VENKATESWARLU NIMMAGADDA, J Date:06.10.2025 BSP 6 114 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.23105 OF 2020 DATED:06.10.2025 Date:06.10.2025 BSP