APHC010071812026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4633/2026 Between: 1. TOTTADI KIRAN CHAND, S/O. KRISHNA, AGED 43 YEARS OCC CULTIVATION, R/O. D.NO.6-68, KOVVALI ROAD, DENDULURU VILLAGE, DENDULURUMANDAL, ELURU DISTRICT, AP-534432. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-52238. 2. THE DISTRICT COLLECTOR PANCHAYAT WING, ELURU DISTRICT AT ELURU, AP-534006. 3. THE DISTRICT PANCHAYAT OFFICER, ELURU, ELURU DISTRICT, 534006. 4. THE MANDAL PARISHAD DEVELOPMENT OFFICER, DENDULURU MANDAL, ELURU DISTRICT, AP-534432. 5. THE DENDULURU GRAM PANCHAYAT, REP BY ITS EXECUTIVE AUTHORITY - CUM - PANCHAYAT SECRETARY DENDULURU VILLAGE AND MANDAL, ELURU DISTRICT, AP-534432. ...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 p. 2 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 marking petitioner's pucca tiled residential house and RCC building property for demolition for the proposed widening of the CC road existing in front of his houses bearing door Nos. 2-139, 4-15, covered by Survey No. 855/1, Assessment No. 339 AND 765, admeasuring 222.44 Sq.yards, situated at southern side of Denduluru to Kovvali Road, Denduluru Village, Denduluru Mandal, Eluru District and without issuing any notice, without following statutory procedures under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013), as illegal, arbitrary, unconstitutional, and violative of Articles 14, 21, and 300A of the Constitution of India and consequently direct the respondents to refrain from taking any coercive action, including eviction or demolition of petitioner's said property, until fair compensation and rehabilitation measures are provided as per law 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 to refrain from taking any coercive action, including eviction or demolition of petitioner’s houses bearing door Nos. 2-139, 4-15, covered by Survey No. 855/1, Assessment No. 339 & 765, admeasuring 222.44 Sq.yards, situated at southern side of Denduluru to Kovvali Road, Denduluru Village, Denduluru Mandal, Eluru District, until fair compensation and rehabilitation measures are provided as per law, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. SIVA SANKARA RAO BORRA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ::ORDER :: The above writ petition was filed to declare the action of respondents 4 & 5 in attempting to demolish the houses bearing D.Nos.2-139, 4-15 in Sy.No.855/1, Assessment No.339 & 765 admeasuring 222.44 Square Yards, p. 3 situated at Denduluru Village and Mandal, Eluru District, without issuing notice, as illegal and arbitrary. 2. Heard Sri Siva Sankar Rao Borra, learned counsel for the petitioner; Sri Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj, appeared for respondents 1 to 3 and Sri Chaitanya, learned counsel representing Sri Y. Koteswara Rao, learned Standing Counsel, appeared for respondents 4 & 5. 3. Learned counsel for the petitioner would submit that the petitioner is the absolute owner and possessor of the aforementioned residential houses. To the southern side of the said houses, the CC road exists, leading from Denduluru to Kovvali. He would also submit that respondents 4 & 5 visited the houses in the last week and attempted to demolish the compound wall. 4. Sri Chaitanya, learned counsel appearing for respondents 4 & 5, submitted the written instructions of respondent No.4 vide R.O.C.No.1/2026, dated 17.02.2026. As seen from the instructions, the authority is not interfering with the aforementioned houses in Sy.No.855/1. It would further disclose that the proposal for widening the road is in R.S.Nos.854 & 858. The instructions are made as part of the record. 5. Given the facts and circumstances of the case, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing the respondent No.4 not to interfere with the houses bearing D.Nos.2-139, 4-15 in Sy.No.855/1, Assessment No.339 & 765 admeasuring 222.44 Square Yards, situated at Denduluru Village and Mandal, Eluru District, without following due procedure of law. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 20.02.2026 TVN p. 4 215 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4633 of 2026 Date: 20.02.2026 TVN