APHC010095202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5005/2025 Between: Duggi Vengamamba and Others ...PETITIONER(S) AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. AMANCHARLA SATISH BABU Counsel for the Respondent(S): 1. GP FOR FORESTS The Court made the following: ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a writ Order or Direction particularly one in the nature of writ of mandamus declaring the notice of 5th respondent dated 29.01.2025 for formation of road in Petitioner’s land as bad and arbitrary and consequently declare the proceedings of 1st respondent vide no G.O.MS.No.54, Dated 17.05.2018 of ENVIRONMENT FORESTS SCIENCE and TECHNOLOGY section ll DEPARTMENT is bad arbitrary to the extent of petitioners land situated at in Survey.no.114 of Kasumuru revenue village, Venkatachala Satram Mandal, SPSR Nellore district and to pass such other order or orders...” 2. The case of the petitioners is that the petitioners are the absolute owners and possessors of agricultural land admeasuring Ac. 17.05 cents in Sy. No. 115/1, 114/1, and 114/A. They acquired the said land through a registered sale deed and were issued pattadar passbooks and title deeds in their favor. From the past 70 years, the petitioners have been carrying out agricultural operations, cultivating various crops on the said land, and have been in continuous possession and enjoyment of the said agricultural land. 3. The learned counsel for the petitioners submits that in the year 2018, the respondent No.1 issued G.O.Ms.No.54, dated 17.05.2018, under the Environment, Forests, Science, and Technology (Section-II) Department. Through which, the 2nd respondent accorded permission for carrying out repairs and maintenance of an existing cart track from Kasumur to Dontalli in Nellore Division, with a formation width of 3.65 meters (12 feet), for the transportation of red gravel in favor of M/s. Prudhvi Mineral Corporation, Nellore. Subsequently, the 2nd respondent addressed the letter to the 3rd respondent to implement G.O.Ms.No.54, and based on the 3rd respondent’s instructions, the 4th and 5th respondents took charge of its implementation. 4. He further contends that the said cart track passes through their agricultural land. After a lapse of seven years from the issuance of G.O.Ms.No.54, the 5th respondent issued a notice on 29.01.2025, directing the petitioners to appear on 04.02.2025 with all relevant ownership documents related to the said agricultural land. Upon receiving the notice, the petitioners promptly submitted all the required documents. However, despite these submissions, the respondents continue to interfere with their title and possession, violating the petitioners' rights. Aggrieved by this unlawful interference, which is illegal, contrary to law, and in violation of due process of law, the petitioner preferred this writ petition. 5. On the other hand, the learned Government Pleader for the Revenue Department, appearing for the respondents, submits that if the respondents intend to interfere with the peaceful possession and enjoyment of the petitioners' agricultural land, they will follow the due process of law as contemplated under the Act. 6. Heard the learned counsel for the petitioners and the learned counsel for the respondents 7. Having considered the submissions of both parties 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 that if they intend to interfere with the petitioners' peaceful possession and enjoyment of the agricultural land, they shall follow the due process of law as contemplated under the Act. 8. With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ______________________________________ VENKATESWARLU NIMMAGADDA, J 05.03.2025 klk 385 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.5005 of 2025 05.03.2025 kkllkk