APHC010282922023 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 14496/2023 Between: 1. POLAKI KRISHNA MURTHY, S/O LATE MALLESH AGED ABOUT 51 YEARS, R/ O RUNKU VILLAGE SANTABOMMALI MANDAL, SRIKAKULAM DISTRICT 532430 2. SMT. TANKALA BHAGYAM, W/O RAJA RAO AGED 43 YEARS, RUNKU HANUMANTHAPURAM SANTABOMMALI MANDAL, SRIKAKULAM DISTRICT 532430 3. SMT. TANKALA PARAMMA, W/O LATE MALLESH AGED ABOUT 79 YEARS, D.NO. 2 SANTABOMMALI MANDAL, SRIKAKULAM DISTRICT 532430 4. DASARI BUTCHAIAH, S/O LATE AMASA AGED ABOUT 73 YEARS, RUNKU HANUMANTHAPURAM SANTABOMM SRIKAKULAM DISTRICT 532430 5. TANKALA DAMAYANTI, W/O LATE APPALA NAIDU AGED ABOUT 79 YEARS, RUNKU HANUMANTHAPURAM SANTABOMMALI MANDAL, SRIKAKULAM DISTRICT 532430 6. PINNITI RAMA MURTHY, S/O PINNITI APPALASWAMY AGED ABOUT 70 YEARS, RUNKU HA SANTABOMMALI MANDAL, SRIKAKULAM DISTRICT 532430 1. STATE OF ANDHRA PRADESH, PANCHAYATRAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 14496/2023 POLAKI KRISHNA MURTHY, S/O LATE MALLESH AGED ABOUT 51 YEARS, R/ O RUNKU VILLAGE SANTABOMMALI MANDAL, SRIKAKULAM DISTRICT 532430 SMT. TANKALA BHAGYAM, W/O RAJA RAO AGED 43 YEARS, RUNKU HANUMANTHAPURAM SANTABOMMALI MANDAL, DISTRICT 532430 SMT. TANKALA PARAMMA, W/O LATE MALLESH AGED ABOUT 79 YEARS, D.NO. 2-15 RUNKU HANUMANTHAPURAM SANTABOMMALI MANDAL, SRIKAKULAM DISTRICT 532430 DASARI BUTCHAIAH, S/O LATE AMASA AGED ABOUT 73 YEARS, RUNKU HANUMANTHAPURAM SANTABOMMALI MANDAL, SRIKAKULAM DISTRICT 532430 TANKALA DAMAYANTI, W/O LATE APPALA NAIDU AGED ABOUT 79 YEARS, RUNKU HANUMANTHAPURAM SANTABOMMALI MANDAL, SRIKAKULAM DISTRICT 532430 PINNITI RAMA MURTHY, S/O PINNITI APPALASWAMY AGED ABOUT 70 YEARS, RUNKU HANUMANTHAPURAM SANTABOMMALI MANDAL, SRIKAKULAM DISTRICT 532430 ...PETITIONER(S) AND STATE OF ANDHRA PRADESH, PANCHAYATRAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY,THE FIRST DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI POLAKI KRISHNA MURTHY, S/O LATE MALLESH AGED ABOUT 51 YEARS, R/ O RUNKU VILLAGE SANTABOMMALI MANDAL, SMT. TANKALA BHAGYAM, W/O RAJA RAO AGED 43 YEARS, RUNKU HANUMANTHAPURAM SANTABOMMALI MANDAL, SMT. TANKALA PARAMMA, W/O LATE MALLESH AGED ABOUT 79 15 RUNKU HANUMANTHAPURAM SANTABOMMALI MANDAL, SRIKAKULAM DISTRICT 532430 DASARI BUTCHAIAH, S/O LATE AMASA AGED ABOUT 73 YEARS, ALI MANDAL, TANKALA DAMAYANTI, W/O LATE APPALA NAIDU AGED ABOUT 79 YEARS, RUNKU HANUMANTHAPURAM SANTABOMMALI MANDAL, PINNITI RAMA MURTHY, S/O PINNITI APPALASWAMY AGED NUMANTHAPURAM SANTABOMMALI MANDAL, SRIKAKULAM DISTRICT 532430 ...PETITIONER(S) STATE OF ANDHRA PRADESH, PANCHAYATRAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT REP. BY ITS PRINCIPAL SECRETARY 2. THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT, SRIKAKULAM 3. THE DISTRICT PANCHAYAT OFFICER, SRIKAKULAM DISTRICT, SRIKAKULAM 4. THE JOINT COLLECTOR, TEKKALI, SRIKAKULAM DISTRICT 5. THE TAHASILDAR, SANTABOMMALI MANDAL, SRIKAKULAM DISTRICT 6. THE MANDAL PARISHAD DEVELOPMENT OFFICER, SANTABOMMALI MANDAL, SRIKAKULAM DISTRICT 7. GRAMPANCHAYAT, RUNKU HANUMANTHAPURAM VILLAGE SANTABOMMALI MANDAL SRIKAKULAM DISTRICT REP. BY ITS PANCHAYAT SECRETARY 8. THE SARPANCH, RUNKU HANUMANTHAPURAM GRAMPANCHAYAT SANTABOMMALI MANDAL SRIKAKULAM 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 any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in forming a road through the lands of the petitioners from Lolla Prasad Poultry Form to Mala Banda in Sy.Nos. 60/1,2, 39/5,6, 39/9,10, 39/15, 103/2,3.4, 103/2P, 105/5,6, 105/3P, 133/16,17,21, 134/3,12 in Rukum village under of R.H.Puram grampanchayat, Santabommali mandal, Srikakakulam district without initiating land acquisition proceedings, is illegal, arbitrary and violation Article 14, 21 and 300-A of the Constitution of India and to consequently direct the respondents not to interfere with the petitioners lands 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 to direct the respondents not to lay road through the petitioners private lands from Lolla Prasad Poultry Form to Mala Banda in Sy.N os. 60/1,2, 39/5,6, 39/9,10, 39/15, 103/2,3,4, 103/2P, 105/5,6, 105/3P. 133/16,17,21, 134/3,12 in Rukurn village under of R.H.Puram grampanchayat, Santabommali mandal, Srikakakulam district pending disposal of the writ petition and to pass Counsel for the Petitioner(S): 1. VINOD KUMAR TARLADA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following: ORDER This writ petition is filed questioning action of respondents in contemplating to form a road through the lands of the petitioners from Lolla Prasad Poultry Form to Mala Banda in Survey Nos.60/1,2, 39/5,6, 39/9,10, 39/15, 103/2,3,4, 103/2P, 105/5,6, 105/3P, 133/16,17,21, 134/3,12 in Rukum Village under R.H.Puram Grampanchayat, Santabommali Mandal, Srikakulam District, without initiating any land acquisition proceedings. 2. When the matter came up on 21.06.2023, this Court, considering the material including the latest adangals in respect of the subject property, issued a interim direction not to take any coercive action in respect of the subject property including laying of road without following due process of law. 3. Despite lapse of more than 2 ½ years since the date of granting interim order, the authorities did neither chose to file counter nor placed written instructions. Therefore, this Court is inclined to dispose of the writ petition making the interim order as final order. 5. Accordingly, the writ petition is disposed of, directing the respondent authorities not to take any coercive action in respect of the subject matter property including laying of road without following due process of law. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI Dated: 1st December, 2025. RR