APHC010011932026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1638/2026 Between: 1. VINNAKOTA GOUTHAM, S/O. VINNAKOTA GANESH AGED ABOUT 40 YEARS, RIO. D.NO. 7-146/C, KOTHAVALASA VILLAGE AND MANDAL VIJAYANAGARAM DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY IT'S PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ, SECRETARIAT BUILDINGS, VELAGAPUDI, ANDHRA PRADESH.522238 2. THE DISTRICT COLLECTOR, VIZIAYANAGARAM DISTRICT.535003 3. THE DISTRICT PANCHAYAT OFFICER, KOTHAVALASA MANDAL VIZIAYANAGARAM DISTRICT.535183 4. THE SUPERINTENDENT ENGINEER, PANCHAYAT RAJ DEPARTMENT VIJAYANAGARAM DISTRICT 535003 5. THE KOTHAVALASA GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, KOTHAVALASA MANDAL, VIZIANAGARAM.535183 6. THE MANAGALAPALEM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, KOTHAVALASA MANDAL, VIZIANAGARAM.535138 p. 2 SRS,J 7. THE MANDIVALASA RAMACHANDRAPURAM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, KOTHAVALSA MANDAL, VIZIANAGARAM.53513 ...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 an appropriate Writ, Order or Direction, more particularly a Writ of Mandamus, declaring the action of the respondents proceeding to lay B.T road from Mangapalaem- Denduru via Kothavalasa through the petitioners' land situated in an extent of Ac. 20 cents of land in Sy. No. 144/2 of Mandivalasa Ramachandrapuram Village, Kothavalasa Mandal, Vizianagaram District, without legally acquiring the same in accordance with the law laid down in Section 59 of A.P. Panchayat Raj act 1995 and Land Acquisition Act, 2013 as illegal, arbitrary, unconstitutional and in violation of principles of natural justice, Article 14, 21, 300-A of the Constitution of India, and consequently direct the respondents to not to lay any road through petitioners' land situated in an extent of Ac. 20 cents of land in Sy. No. 144/2 of Mandivalasa Ramachandrapuram Village, Kothavalasa Mandal, Vizianagaram District without following mandatory procedure under A.P. Panchayat Raj act 1995 and Land Acquisition Act, 2013 and pass IA NO: 1 OF 2026 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 carry out any further road works, widening, laying of gravel road or interfere in any manner whatsoever with the petitioner's land admeasuring Ac.20 cents in Sy. No. 144/2 of Mandivalasa Ramachandrapuram Village, Kothavalasa Mandal, Vizianagaram District, which has been illegally occupied without following due process of law, pending disposal of the writ petition, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. PILLIX LAW FIRM p. 3 SRS,J Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: ::ORDER :: Heard Sri Ms. Harika, learned counsel representing learned counsel for the petitioner; Sri P. Rajesh Kumar, learned Assistant Government Pleader, Panchayat Raj, for respondents 1,3 and 4; Ms. Usha, learned Assistant Government Pleader for respondent No.2 and Sri Y. Koteswara Rao, learned standing counsel for respondents 5, 6 and 7. 2. The petitioner, resident of Kothavalasa village and Mandal, Vizianagaram, filed the above writ petition apprehending that a B.T. road will be laid across his land of an extent of Ac.00-20 cents in survey No.144/2 of Mandivalasa Ramachandrapuram Revenue Village, Kothavalasa Gram Panchayat, Vizianagaram District. 3. Learned counsel for the petitioner would contend that the petitioner is the absolute owner of Ac.0-65 cents in survey No.144/2 of Mandivalasa Ramachnadrapuram Revenue village, Vizianagaram District, having purchased the same under a registered sale deed bearing document No.1148 of 2003 dated 03.07.2003. The revenue authorities updated ROR and mutated the name of the petitioner. Earlier, when the revenue authorities attempted to dispossess the petitioner for laying a gravel road, the petitioner filed W.P.No.15600 of 2024, challenging the action of respondents 3 and 4 i.e. District Panchayat Officer, Kothavalasa Mandal and the Superintendent Engineer, (P.R.) Department, Vizianagaram District and the said writ petition is pending. p. 4 SRS,J 4. Be that as it may, respondents 5 to 7 are trying to lay a road in the petitioner’s land to an extent of Ac.00-20 cents in survey No.144/2. 5. Sri Chaitanya, learned counsel for respondents 5 to 7, submitted instructions of respondents 5 and 6. 6. A perusal of the instructions furnished by respondents 5 to 7 discloses that there is no proposal to lay B.T. road in the petitioner’s land. Instructions are made part of the record. In view of the written instructions, keeping the writ petition pending will not serve any purpose. 7. Given the facts and circumstances of the case, this writ petition is disposed of at the admission stage with the consent of learned counsel on either side, directing respondents 5 to 7 not to interfere with the petitioner’s possession of Ac.00-20 cents in survey No.144/2 of Mandivalasa Ramachandrapuram Revenue Village, Kothavalasa Gram Panchayat, Vizianagaram District, without following due process of law. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 03.02.2026 IKN p. 5 SRS,J 146 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1638 of 2026 Date: 03.02.2026 IKN