APHC010646122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 33360/2025 Between: 1. K CHALAPATHI, S/O.RAMAPPA, AGED ABOUT 50 YEARS, R/O.PACCHARAMAKULAPALLI VILLAGE. RAMAKUPPAM MANDAL, CHITTOOR DISTRICT 2. K.SIDDAPPA, , S/O.RAMAPPA, AGED ABOUT 54 YEARS, R/O.PACCHARAMAKULAPALLI VILLAGE.' RAMAKUPPAM MANDAL, CHITTOOR DISTRICT 3. B.NARAAYANAPPA,, S/O.BOAPPA, AGED ABOUT 55 YEARS, R/O.PACCHARAMAKULAPALLI VILLAGE. RAMAKUPPAM MANDAL, CHITTOOR DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, . CHITTOOR, CHITTOOR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, CHITTOOR, CHITTOOR DISTRICT, 4. THE REVENUE DIVISIONAL OFFICER, KUPPAM, CHITTOOR DISTRICT, 5. THE TAHSILDAR, RAMAKUPPAM, CHITTOOR DISTRICT, 6. THE MANDAL PRAJAPARISHAD DEVELOPMENT OFFICER, RAMAKUPPAM MANDAL, CHITTOOR DISTRICT, 7. THE STATION HOUSE OFFICER, RAMAKUPPAM, RAMAKUPPAM MANDAL, CHITTOOR DISTRICT, 8. THE KUPPAM AREA DEVELOPMENT AUTHORITYKADA, .REP.BY ITS SPECIAL OFFICER, KUPPAM, CHITTOOR DISTRICT. ...RESPONDENT(S): This Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India by the Petitioners for the following relief: to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the Respondents without following the due process of law trying to lay the road in their lands in Sy.No.34/1A to an extent of Ac.0-07 cents, 35/lA an extent of Ac.0-05 cents in respect of the 1st petitioner, and Sy.No.35/IB an extent of Ac. 1-17 cents in respect of the 2nd petitioner, in Sy.No.34/2 an extent of Ac.0-05 cents in respect of 3rd petitioner and petitioners no.l and 2 together cultivating Ac.0-15 cents in Giamakantam situated in Paccharamakulapalli Village. Ramakuppam Mandal, Chittoor District, as illegal, arbitrary, besides violation of principles of Natural Justice, consequently direct the Respondents not to interfere into the Petitioners peaceful possession and enjoyment of the said property in Sy.No.34/ 1A to an extent of Ac.0-07 cents, 35/ lA an extent of Ac.0-05 cents in respect of the 1st petitioner, and Sy.No.35/1B an extent of Ac. 1-17 cents in respect of the 2nd petitioner, in Sy.No.34/2 an extent of Ac.0-05 cents in respect of 3rd petitioner and petitioners no.l and 2 together cultivating Ac.0-15 cents in Gramakantam situated in Paccharamakulapalli Village. Ramakuppam Mandal, Chittoor District, forthwith and pass….” 2. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents. 3. The learned counsel for the petitioners submits that the respondents, without following due process of law, are attempting to lay a road in their lands admeasuring for an extent of Ac.0.07 cents in Sy.No.34/1A, Ac.0.05 cents in Sy.No.35/1A belonging to the 1st petitioner; Ac.1.17 cents in Sy.No.35/1B belonging to the 2nd petitioner; Ac.0.05 cents in Sy.No.34/2 belonging to the 3rd petitioner and Ac.0.15 cents of Gramakantam land jointly cultivated by petitioners 1 and 2 situated at Paccharamakulapalli Village, Ramakuppam Mandal, Chittoor District, which is illegal and arbitrary. 4. The learned Government Pleader for the respondents, on instructions, submits that based on a PGRS complaint lodged by a third party, the respondent authorities issued a notice to conduct a survey and accordingly conducted the survey. It is submitted that the petitioners’ lands are adjacent to Government land and that the petitioners are attempting to encroach into the Government land. It is further submitted that the respondents are not dispossessing the petitioners from their land, nor are they laying any road in the petitioners’ land and if any road is required to be laid for public purpose, the respondent authorities would duly follow the procedure established by law. 5. Considering the submissions made by both the learned counsel and on perusal of the material available on record, this Court is of the considered view that the writ petition can be disposed of by directing the respondents not to interfere with the peaceful possession and enjoyment of the subject property of the petitioners without following due process of law. If the respondent authorities propose to lay any road for public purpose, they shall duly follow the procedure as contemplated under the law. 6. With the above direction, the writ petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE D. RAMESH 01.12.2025 klk 261 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION No.33360 of 2025 01.12.2025 kkllkk