IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH I TWO THOUSAND AND TWENTY FIVE | PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5177 OF 2025 AMARAVATI Between: 1. G.Kanthamma, W/o. G Rama Chandra Reddy, Aged Occ; House Wife, R/o. about 59 years 2-16, Nakkanapalli Village, Gunjarlapalli Panchayath, Nadimpalli Post, Santhipuram Mandal 2. G Gangireddy, S/o. Subba Reddy Chittoor District Aged about 54 years, Occ; Cultivation, R/o, 2-16, Nakkanapalli Village, Gunjarlapalli Nadimpalli Post, Santhipuram Mandal, Chittoor District. Panchayath, ...PETITIONERS AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi, Amaravathi District. 2. The District Collector. Chittoor District, Chittoor. 3. The Revenue Divisional Officer, Madanapalle, Chittoor 4. The Tahsildar, Santhipuram Mandal, 5. Muneppa, S/o. M Narayanappa, Aged about 45 Nakkanapalli Village. Gunjarlapalli Panchayath, Nadimpalli Santhipuram Mandal, Chittoor District. . Guntur District. years, Occ; Cultivation Post, ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit flied therewith, the High Court may be pleased to issue order or direction more particularly in the WRIT OF MANDAMUS declaring the action of the 4'^ nature of respondent in evicting the petitioners land for an extent of Ac. 0.56 cents in Sy. No. 9/4A, an extent of Ac. 0.30 cents in Sy No. 9/4B, an extent of 0.28 cents in Sy No. 8/1 C/1, and an extent of 0.52 cents in Sy No. 8/1 C/2 Total an extent of Ac. 1.66 cents situated at Gunjarlapalle Revenue Village. Santhipuram Mandal, Chittoor District by proposing to lay the road without following land acquisition proceedings is illegal, arbitrary, unjust, contrary the provisions of the Right to Fair Compensation and Transparency Acquisition, Rehabilitation and Resettlement Act, 2013 principles of Natural Justice and violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to lay the road by disposes or interfere in the above subject land. to in Land and violative of lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 4^'' respondent not to lay the by disposes the petitioner’s land for road an extent of Ac. 0.56 cents in Sy. No. 9/4A, an extent of Ac. 0.30 cents in Sy No. 9/4B, an extent of 0.28 cents iin Sy No. 8/1 C/1, and an extent of 0.52 cents in Sy No. 8/1 C/2 Total an extent of Ac. 1.66 cents situated at Gunjarlapalle Revenue Village, Santhipuram Mandal, Chittoor District without following due process of law. Counsel for the Petitioners: SRI KALE VIJAYA RAJU Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: The Court made the following: ORDER APHC010097572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMNIAGADDA WRIT PETITION NO: 5177/2025 THE Between: ...PETITIONER(S) G Kanthamma and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner{S); 1.KALE VIJAYA RAJU Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following; ORDER: This Writ Petition is filed under Articie 226 of the Constitution of India seeking the following relief; order or direction more particularly in the of mandamus declaring the action of the 4th ‘to issue nature of writ respondent in evicting the petitioners land for an extent of Ac.0.56 cents in Sy.No 9/4A, an extent of Ac.0.30 cents in extent of 0.28 cents in Sy.No.8/1C/1 and an Sy.No.9/4B, an ■'x extent of 0.52 cents in Sy. No. 8/1 C/2 total an extent of Ac. 1.66 cents situated at Gunjarlapalle Revenue, Village Santhipuram Mandal, Chittoor District by proposing to lay the road without following land acquisition proceedings is illegal, arbitrary unjust contrary to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and violative of principles of Natural Justice and violation of articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to lay the road by disposes or interfere in the above subject land and to pass such other order or orders...” Heard the learned counsel for the petitioner and the learned counsel for the respondent. 2. The learned counsel for the petitioners submits that the petitioners are the absolute owners and possessors of the subject lands for an extent of Ac. 0.56 cents in Sy. No. 9/4A, Ac. 0.30 cents in Sy. No. 9/4B, Ac. 0.28 cents in Sy. No. 8/1 C/1, and Ac. 0.52 cents in Sy. No. 8/1 C/2, totaling Ac. 1.66 cents, situated in Gunjarlapalle Revenue Village, Santhipuram Mandal, Chittoor District. 3. 4. He further submits that in the absence of any notified or classified pathway, the respondents cannot lay pathway through the petitioners' land without following the procedure as contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 30 of 2013. Hence the writ petition. On the other hand the learned Government pleader furnished written 5. th respondent herein dated 28.02.2025 instructions submitted by the 4 wherein it is stated that pursuant to the representation submitted by the 5 respondent the respondents authorities are trying and convincing DKT patta holders for laying pathway with the consent of the concerned pattaholders/assignees. It is further stated that the respondents are not taking any steps for laying any pathway as alleged by the petitioners. th Having considered the submissions made by the learned counsel for the petitioners and the learned Government Pleader appearing for the respondents, and on perusal of the material available on record, this Court is of the considered view that without going into the merits of the case, the present writ petition can be disposed of, by directing the respondent authorities not to interfere with the petitioners' possession and enjoyment of the property without following due procedure as contemplated under the 6. law. 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. SD/- B CHITTI JOSEPH ASSISTANIREGISTRAR //TRUE COPY// OFFICER SE To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Chittoor District, Chittoor. The Revenue Divisional Officer, Madanapalle, Chittoor District The Tahsildar, Santhipuram Mandal, Muneppa, S/o. M Narayanappa, Aged about 45 years, Occ Cultivation Nakkanapalli Village, Gunjarlapalli Panchayath, Nadimpalli Post, Santhipuram Mandal, Chittoor District. One CC to Sri Kale Vijaya Raju, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies. 3. 4. 5. 6. 7. 8. gi HIGH COURT DATED:03/03/2025 ORDER (g 0 s m 2Dre Sft ro WP.No.5177 of 2025 Z •^4'' Current Section DISPOSING OF THE WRIT PETITION WITHOUT COSTS