APHC010085692026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4727/2026 Between: 1. MADDIPATI KODANDARAM, S/O. NARASIMHA MURTHY, AGED ABOUT 67 YEARS, R/O. D.NO.3-43, PEDDA RAMALAYAM STREET, CHANDRAVARAM VILLAGE, CHAGALLU MANDAL,EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, BY ITS PRI. SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, COLLECTORATE COMPOUND, RAJAMAHENDRAVRAM, EAST GODAVARI DISTRICT, 3. 3. THE DISTRICT PANCHAYAT OFFICER, COLLECTORATE COMPOUND, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 4. 4. THE MANDAL REVENUE OFFICER, CHAGALLU MANDAL, EAST GODAVARI DISTRICT. 5 5. THE ROADS BUILDINGS DEPARTMENT, REP. BY ITS ASSISTANT EXECUTIVE ENGINEER, KOWUR, EAST GODAVARI DISTRICT 6. THE CHANDRAVARAM GRAM PANCHAYAT, REP. BY ITS SECRETARY, CHANDRAVARAM VILLAGE, CHAGALLU MANDAL, EAST GODAVARI DISTRICT. ...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 topleased to issue a Writ or direction or order more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in earmarking a portion of the residential house of the Petitioner, bearing Door No.3- 43, situated at Pedda Ramalayam Street, Chandravaram Village, Chagallu Mandal, East Godavari District, for demolition for the purpose of road widening, without issuing any prior notice to the Petitioner and without initiating or following due process under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as illegal, arbitrary and in violation of Section 59 of A.P. Panchayat Raj Act, 1994 and Articles 21 and 300-A of the Constitution of India and Consequently direct the respondents not to demolish the residential house of the Petitioner, bearing Door No.3-43, situated at Pedda Ramalayam Street, Chandravaram Village, Chagallu Mandal, East Godavari District, and to 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 pleased to direct the respondents not to demolish the ear marked portion of the residential house of the Petitioner, bearing Door No.3-43, situated at Pedda Ramalayam Street, Chandravaram Village, Chagallu Mandal, East Godavari District, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. SIVA RAMA KRISHNA KOLLURU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR ROADS BUILDINGS 3. GP FOR REVENUE The Court made the following: ::ORDER :: Heard Sri K. Siva Rama Krishna, learned counsel for the petitioner, Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj, for respondents 1 and 3, Ms. P. Usha, learned Assistant Government Pleader for Revenue, for respondents 2 and 4, Sri Praveen, Assistant Government Pleader for Roads and Buildings for respondent No.5 and Sri Chaitanya, learned counsel representing Sri Y. Koteswara Rao, learned standing counsel for respondent No.6. 2. The above writ petition was filed to declare the action of the respondents in giving markings to the petitioner’s compound wall, bearing D.No.3-43, situated at Pedda Ramalayam Street, Chandravaram Village, Chagallu Mandal, East Godavari District, without issuing any notice as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that the petitioner is the absolute owner of the RCC house bearing No.3-43. The said house was constructed in the year 2021 in the land admeasuring 284 square yards, and the petitioner has been paying taxes regularly to the local authority. The Panchayat Secretary of respondent No.5 visited the house on 13.02.2026 and gave markings on the compound wall and intimated that the marked portion would be demolished for road widening. Learned counsel further submitted that the petitioner did not encroach upon any Government land and no notice was issued to the petitioner. 4. Sri Chaitanya, learned counsel for respondent No.6, submitted the instructions of the Panchayat Secretary of respondent No.6. As seen from the instructions, villagers made a representation to widen the road from Pedda Ramalayam to the house of M. Subba Rao. Thereafter, a resolution was passed by the Gram Panchayat, on 19.04.2025, requesting the Assistant Engineer, R.W.S & S, to prepare an assessment. In the development process, if any encroachment is pointed out, the authority will follow the due procedure mandated under G.O.Ms.No.188 dated 21.07.2011. 5. Thus, as seen from the material available on record, the petitioner is claiming title over the subject property by virtue of a registered partition deed, dated 20.11.2009. The instructions of the Panchayat Secretary of respondent No.6 would indicate that the authority will follow the due procedure prescribed in G.O.Ms.No.188 dated 21.07.2011. 6. 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 respondent No.6 to follow the procedure by issuing notice, calling for the petitioner’s explanation and providing an opportunity of hearing to the petitioner, as per G.O.Ms.No.188 dated 21.07.2011 in respect of the petitioner’s subject property. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 19.02.2026 IKN THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4727 of 2026 Date: 19.02.2026 IKN