APHC010512782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) i . I THURSDAY,the NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 26405 OF 2025 Between: 1. Murali S/o Munaswamy Aged about 44 years,R/o 1/89,SC Colony, Dasegownuru, Kuppam Mandal, Chittor District. AP-517425 2. L Thirnmarayappa S/o Lakshamappa Aged about 52 years,R/o 1/95,SC Colony. Dasegownuru, Kuppam Mandal, Chittor District, AP-517425 3. M Tirupathamma W/o L Kutteppa, Aged about 39 years,R/o 1-96a ,SC Colony, Dasegownuru,Kuppam Mandal, Chittor District,AP-517425 4. N Yasodha W/o Selyaraj Late, Aged about 49 years,R/o 1/112/2 ,SC Colony, Dasegownuru,Kuppam Mandal, Chittor District,AP-517425 5. Anandh Babu S/o Gullappa, Aged about 41 years,R/o 1/125 ,SC Colony, Dasegownuru, Kuppam Mandal, Chittor District, AP-517425 6. Adilakshmi W/o Murali, Aged about 37 years,R/o 1-89 ,SC Colony. Dasegownuru, Kuppam Mandal, Chittor District, AP-517425 7. M Muniraj S/o Muniswamy Late, Aged about 47 years,R/o 3-182’ Dasegownuru, Kuppam Mandal, Chittor District. AP-517425 SC Colony ) U) 8. T Prashanth S/o L Kutteppa Aged about 19 years,R/o 1-96a,SC Colony, Dasegownuru, Kuppam Mandal, Chittor District, AP-517425 M Raiesh S/o C Munaswamy Aged about 48 years,R/o 1-96a,SC Colony, Dasegownuru, Kuppam Mandal, Chittor District, AP-517425 10. M Sowianya C/o Muneppa Aged about 28 years,R/o 1-87,SC Colony, Dasegownuru, Kuppam Mandal, Chittor District, AP-517425 11 .C Thimmakka D/o Thimappa Aged about 37 years,R/o 1/119,SC Colony, Dasegownuru, Kuppam Mandal, Chittor District, AP-517425 12.Chinnathayamma W/o Venkatesh Aged about 59 years,R/o 14-427,SC Colony, Dasegownuru, Kuppam Mandal, Chittor District, AP-517425 13 T Munneppa S/o Thimmanayappa Late Aged about 54 years,R/o 1/126,SC Colony, Dasegownuru, Kuppam Mandal, Chittor District, AP-517425 14.M Munivetu S/o Muneppa Aged about 24 years,R/o 1/126,SC Colony, Dasegownuru, Kuppam Mandal, Chittor District, AP-517425 15.C Munaswami S/o Late Chinnakappa Aged about 76 years,R/o 1/75,SC Colony, Dasegownuru, Kuppam Mandal, Chittor District, AP-517425 16.T Sarasamma W/o L Thimarayappa Aged about 39 years,R/o 1/95,SC Colony, Dasegownuru, Kuppam Mandal, Chittor District, AP-517425 4 , 9. 17. M Geetha D/o Munaswamy Aged about 32 years,R/o 1/105,SC Colony, Dasegownuru, Kuppam Mandal, Chittor District, AP-517425 18.S. Sathya Veni C/o P Satish Aged about 30 years,R/o 1/181,SC Colony, Dasegownuru, Kuppam Mandal, Chittor District, AP-517425 19.RampappaS/o Adaiappa Late Aged about 67 years,R/o -,SC Colony, Dasegownuru, Kuppam Mandal, Chittor District, AP-517425 20.R ManivelanS/o Ramappa Aged about 30 years,R/o 1-79,SC Colony, Dasegownuru, Kuppam Mandal, Chittor District, AP-517425 ..Petitioners AND 1. The State of Andhra Pradesh Rep.by its Principal Secretary Panchayat Raj and Rural Development Secretariat Buildings, Velagapudi, Amaravati. 2. The State of Andhra Pradesh Rep.by its Principal Secretary Revenue Department Secretariat Buildings, Velagapudi, Amaravati. 3. The District Collector and District Magistrate, Chittor District, Chittoor. 4. The Revenue Divisional Officer (RDO) Kuppam Division,Chittor District. 5. The Mandal Revenue Officer, Kuppam Mandal,Chittor District 6. The Mandal Parishad Development Officer, Kuppam Mandal,Chittor District. 7. The DasegowniyuruGrama Panchayat , Rep. by its Panchayat Secretary, Dasegowniyuru Secretariat, SC Colony, Kuppam Mandal.Chittor District. ..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 respondents in permitting the obstruction of public pathway in Sy.No.60/2 in an extent of Ac. 1.40 cents, further not considering and acting upon the representation dated 17.09.2025 submitted by the petitioners and other villagers of Dasegowniyur Village, Kuppam Mandal, Chittoor District, despite the subject land in Survey No.60/2 is classified as Sarkar Punja, as highly illegal, arbitrary, unconstitutional, violative of Articles 14, 21 and 300-A of the Constitution of India, contrary to the statutory mandate under the Andhra Pradesh Panchayat Raj Act, 1994, violative of Rule 15(4) and Rule 21 of the Andhra Pradesh Board Standing Orders, against the judgment of the Hon'ble Supreme Court in Jagpal Singh and Others v. State of Punjab and Others (2011) 11 SCO 396 holding that village common land and pathways must be preserved and utilized for the benefit of villagers. Consequently direct the respondents to forthwith to remove the obstructions, protect and restore the existing pathway in Survey No.60/2 for free ingress and egress of the petitioners and all other villagers to their, agricultural fields, houses, schools and essential amenities. 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 herein to remove all obstructions, encroachment or situated in Sy.No.60/2 in an extent of diversion of the Sarkar Punja land Ac.1.40 cents of Dasegowniyur Village, Kuppam Mandal, Chittoor District, for providing access to public pathway for petitioners and the villagers to reach their agricultural fields, houses, pending disposal of the above writ petition. counsel for the Petitioners: SRi KAPPERA PAVAN KALYAN : GP FOR PANCHAYAT RAJ AND RURAL development Respondent Nos.2 to 5:GP FOR REVENUE : SRI M. SUDHIR, SC FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent No.1 Counsel for the Counsel for the Respondent Nos.6 & 7 The Court made the following order: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA \ WRIT PETITION NO: 26405 OF 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief: “to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in permitting the obstruction of public pathway in Sy.No.60/2 in an extent of Ac. 1-40 cents, further not considering and acting upon the representation dated 17.09.2025 submitted by the petitioners and other villagers of Dasegowniyur village, Kuppam Mandal, Chittoor District, despite the subject land in Sy.no.60/2 is classified as ‘Sarkar Punja’as highly illegal, arbitrary and violative of articles 14, 21 and 300-A of the constitution of India and consequently direct the respondents to forthwith remove the obstructions, protect and restore the existing pathway in Sy.No.60/2 for free ingress and egress of the petitioners and all other villagers to their agricultural fields.” 1. Though the petitioners made several allegations against the respondents, during hearing, learned counsel for the petitioners requested this Court, without touching the merits of the case, to issue a direction to the respondents to dispose of the representation submitted by the petitioners. 2. I 3. However, learned Government Pleader for Revenue and learned Government Pleader for Panchayat Raj readily agreed to dispose of the representation of the petitioners, if any pending with the authorities. 4. In view of the submission of the learned Government Pleader for Revenue and Government Pleader for Panchayat Raj, I need not decide the 2 truth or otherwise of the allegations conscious that no such direction be issued i made in the petition. This Court iIS view of the judgment of the wherein the may make for a quick or easy disposal of But, they do no service to the the petitioners himself requested to dispose of the representation of the except to issue such direction. in Apex Court in “The Government of India Apex Court held that such orders V. P.Venkatesh cases in overburdened adjudicatory institutions. cause of justice. As the learned counsel for to issue a direction to the respondents petitioners, I find no other alternative 5. In the result, the writ petition is disposed of directing the respondents consider and dispose of the with law, within six (06) weeks from the date No costs. to representation of the petitioners, in accordance of receipt of copy of this order. 6. Consequently, miscellaneous petitions pending . if any, shall also stand closed. 2019(8) SCALE 544 Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTIOt^OFFICER To, 1. The Principal Secretary, Panchayat Raj and Rural Development, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati. 2. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati. 3. The District Collector and District Magistrate, Chittoor District, Chittoor. 4. The Revenue Divisional Officer, (RDO) Kuppam Division, Chittor District. 5. The Mandal Revenue Officer, Kuppam Mandal,Chittor District 6. The Mandal Parishad Development Officer, Kuppam Mandal,Chittor District. 7. The Panchayat Secretary Dasegowniyuru Secretariat, SC Colony District. 8. One CC to Sri Kappera Pavan Kalyan, Advocate [OPUC] 9. One CC to Sri M. Sudhir, SC for ZPP, MPP & Gram Panchayat[OPUC] 10. Two CCs to GP for Panchayat Raj and Rural Development, High Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Revenue,. High Court of Andhra Pradesh [OUT] 12. Two CD Copies. % DasegowniyuruGrama Panchayat, Kuppam Mandal,Chittor ssb HIGH COURT » DATED:09/10/2025 ORDER WP No. 26405 OF 2025 Cj 'cV 5 17 OCT 2029 Co DISPOSING OF THE W.P. WITHOUT COSTS