APHC010011472023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 623/2023 Between: 1. YEPURI KOTESWARA RAO, S/O. LATE SRI RAMULU, HINDU, AGED ABOUT 84 YEARS, OCC CULTIVATION, R/O. DOOR NO.2-73, ALLAMUDI VILLAGE, OUTSKIRTS OF KONNETIPURAM VILLAGE, BHATTRIPROLU MANDAL, BAPTLA DISTRICT. 2. YEPURI VEERAIAH,, S/O. LATE VENKATA SWAMY, HINDU, AGED ABOUT 60 YEARS, PRIVATE EMPLOYEE, R/O. 14-4-83, BALIJEPALLI VARI VEEDHI, MORRISPET, TENALI TOWN, GUNTUR DISTRICT. ...PETITIONER(S) AND 1. THE GOV OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ DEPARTMENT, VELGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, BAPTLA DISTRICT. 3. THE DISTRICT PANCHYAT OFFICER, BAPTLA, BAPTLA DISTRICT. 2 4. THE PANCHAYAT SECRETARY, ALLAMUDI VILLAGE, BAPTLA 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 an appropriate writ, order or direction, more particularly a Writ in the nature of Mandamus, declaring the action of the 4th respondent in passing the resolution No.4, dated 11-11-2022 proposing to lay road A on a private land in house plots an extent of 6 cents and an extent of 3 cents respectively situated in Sy No. 264/8, Allamudi Village, Battriprolu Mandal, Baptla District, without following the due process of law and without invoking provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently set side the same and to 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 suspend the resolution No,4, dated 11-11-2022 proposing to lay road on a private land in house plots an extent of 6 cents and an extent of 3 cents respectively situated in Sy No, 264/8, Allarnudi Village, Battriprolu Mandal, Baptla District by directing not to lay the road in private land, pending the disposal of the above Writ Petition, and pass such other order or orders as are deemed fit and proper. Counsel for the Petitioner(S): 1. P HEMACHANDRA Counsel for the Respondent(S): 1. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND 3 GRAM PANCHAYAT 2. GP FOR REVENUE 3. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: Declaring the action of the 4th respondent in passing resolution No.4, dated 11.11.2022, proposing to lay a road though private lands consisting of house plots in an extent of 6 cents and 3 cents respectively, situated in Sy.No.264/8, Allamudi Village, Battriprolu Mandal, Bapatla District, without following the due process of law, as illegal and arbitrary, the present writ petition is filed. 2. Heard Sri N. Manikanta, learned counsel representing Sri P. Hema Chandra, learned counsel for the petitioners, Sri M. Sudheer, learned Standing Counsel for Gram Panchayat, Ms. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and Sri Venkata Satyanarayana, learned Assistant Government for Revenue. 3. Learned counsel for the petitioners, while reiterating the contents of the affidavits, submitted that when the respondent authorities tried to lay a road on the petitioners’ property by 4 passing a resolution dated 11.11.2022, the present writ petition has been filed. This Court, by interim order dated 05.01.2023, directed the respondent not to lay any road on the subject property. In fact, a suit vide O.S.No.120 of 2022 has already been filed for declaration against a third party on the file of the Principal Junior Civil Judge, Repalle. He further submitted that despite considerable time, the respondent authorities did not choose to file their counter affidavit. In view of the same, prayed to dispose of the writ petition treating the interim orders as final orders. 4. Learned Assistant Government Pleader for Panchayat Raj and Sri M. Sudheer, learned Standing Counsel for Gram Panchayat, collectively sought time to file counter affidavit. 5. The main grievance of the petitioner is that when the respondent authorities, without following the due process of law, proposed to lay a road in their properties pursuant to resolution No.4, dated 11.11.2022, the petitioners approached this Court by way of present writ petition. This Court, accordingly, by interim order dated 05.01.2023, protected the interest of the petitioners, directing the respondents not to lay any road in the subject property. Though two years have lapsed, the respondent 5 authorities have neither filed counter affidavit nor brought written instructions to this Court. 6. In view of the above circumstances, there is no purpose in keeping this writ petition pending inviting counter. As such, this Court is inclined to dispose of the present writ petition by passing the following order: “Respondent authorities are directed not to lay any road through the private lands consisting of house plots in an extent of 6 cents and 3 cents respectively, situated in Sy.No.264/8, Allamudi Village, Battriprolu Mandal, Bapatla District, except in accordance with law.” 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI Date: 04.11.2025 ANS 6 284 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 623/2023 Date: 04.11.2025 ANS