APHC010089362026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5147/2026 Between: 1. MUNDLAMURI RADHA KRISHNA MURTHY, S/O PITCHAIAH, AGED 70 YEARS, R/O D.NO.3-50 MUNDIA MURI VARI PALEM, CHERUKUR POST, PONNALURU MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATRAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522238. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522238. 3. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT, AT ONGOLE - 523001. 4. THE TAHSILDAR, PONNALUR MANDAL, PRAKASAM DISTRICT - 523109. 5. MUNDLA MURI VARI PALEM GRAM PANCHAYAT, REP. BY ITS SECRETARY, MUNDIA MURI VARI PALEM, PONNALUR MANDAL, PRAKASAM DISTRICT - 523109. Page 2 of 6 SRS,J W.P.No.5147 of 2026 6. MUNDLAMURI RAMANAIAH, S/O. NARAYANA, AGE ABOUT 50 YEARS, R/O. MUNDIA MURI VARI PALEM, PONNALUR MANDAL, PRAKASAM DISTRICT - 523109. 7. MUNDLAMURI PRASAD, , S/O. VENKATESWARLU, AGED ABOUT 35 YEARS, MUNDIA MURI VARI PALEM, PONNALUR MANDAL, PRAKASAM DISTRICT - 523109. 8. MUNDLAMURI SRINIVASULU, , S/O.VENKATESWARLU, AGED ABOUT 30 YEARS, MUNDIA MURI VARI PALEM, PONNALUR MANDAL, PRAKASAM DISTRICT - 523109. 9. GOPINENI VENKATESWARLU, S/O.PEDA NARASIMHULU, AGED ABOUT 39 YEARS, MUNDIA MURI VARI PALEM, PONNALURMANDAL, PRAKASAM DISTRICT - 523109. 10. GOPINENI SRINU, S/O. PEDA NARSIMHULU, AGED ABOUT 41 YEARS, MUNDIA MURI VARI PALEM, PONNALUR MANDAL, PRAKASAM DISTRICT - 523109. ...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 one in the nature of Writ of Mandamus declaring the illegal and high handed action on the part of the respondents particularly the respondents 4 and 5 in obstructing the petitioner to use Tobacco Barren which is in existence on the backyard of RCC Building and other structures covered by Door Number 3- 50, Survey No.1251-2, Mundia Muri Vari Palem, Ponnaluru Mandal, Prakasam District belonged to the petitioner, by putting water tanker/tractor trolley in the way to reach the Tobacco Barren by tractor along with Green Tobacco Leaves for the purpose of curing the same in the barren, ignoring the Orders passed by this Hon'ble Court in WP.No.20141 of 2025 dated 31.07.2025, as illegal, arbitrary, malafide, against the principles of Natural Justice, besides violation of Constitutional Guarantees and to consequently direct the respondents to remove the said water tanker/tractor trolley and not to cause any obstructions to the petitioner in enjoying the said property in the interest of justice and to pass p. 3 SRS,J W.P.No.5147 of 2026 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 to remove the water tanker/tractor trolley which is parked/kept in the way to reach the Tobacco Barren existing on the backyard of RCC Building and other structures covered by Door Number 3- 50, Survey No.1251-2, Mundia Muri Vari Palem, Ponnaluru Mandal, Prakasam District belonged to the petitioner and not to cause any obstructions to the petitioner in enjoying the said property, during the pendency of the above writ petition in the interest of justice and to pass Counsel for the Petitioner: 1. K JYOTHI PRASAD Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. DODDAKA HARSHA VARDHAN The Court made the following: :: ORDER :: Heard Sri K. Jyothi Prasad, learned counsel for the petitioner; Sri P. Rajesh Kumar, learned Assistant Government Pleader for respondent No.1; Ms. P. Usha, learned Assistant Government Pleader for Revenue, for respondents 2 to 4; Sri S. Hruthik, learned counsel representing Sri M. Sudhir, learned standing counsel for respondent No.5 and Sri D. Harsha Vardhan for respondents 6 to 10. 2. The above writ petition was filed to declare the action of respondents 4 and 5 in obstructing the petitioner9s pathway to his RCC building bearing D.No.3-50, situated in survey No.1251-2, Mundla Muri Vari Palem, Ponnaluru p. 4 SRS,J W.P.No.5147 of 2026 Mandal, Prakasam District, by parking a tanker/tractor trolley, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that, as per the Field Map, the land in survey No.1251-2 is classified as 8Anadhinam and the petitioner constructed an RCC building and tobacco barren, and they have been assessed for taxes. The petitioner is in possession and enjoyment of the subject building and paying the taxes. While so, on 29.07.2025, respondents 4 and 5 came to the subject property along with JCB and attempted to level the property under the guise of forming a road. Challenging the said action, the petitioner filed W.P.No.20141 of 2025 and the said writ petition was disposed of, directing the authorities not to interfere with the petitioner9s peaceful possession without following due process of law. The petitioner filed another writ petition i.e. W.P.No.26058 of 2025, when the Police tried to interfere in a civil dispute, and the same was disposed of, directing the Police not to interfere in a civil dispute. As the matter stood thus, respondents 4 and 5, with the support of respondents 6 to 10, got parked tanker/tractor trolley on the road, obstructing the petitioner9s reach to the tobacco barren. Learned counsel for the petitioner would submit that no notice was issued to the petitioner. 4. Sri Hruthik, learned counsel, submitted the instructions of the Panchayat Secretary of respondent No.5, wherein it is stated that neither respondent No.4 nor respondent No.5 obstructed the petitioner to reach tobacco barren. In fact, the petitioner is obstructing the pathway of respondents 6 to 10 by placing movable property on the public road. There are disputes between the petitioner on the one hand and respondents 6 to 10 on the other hand. The Gram Panchayat neither interfered with the petitioner9s possession nor issued any notice. p. 5 SRS,J W.P.No.5147 of 2026 5. Learned counsel for respondents 6 to 10 would submit that the tanker allegedly placed on the road does not belong to respondents 6 to 10. In fact, respondents made a complaint against the petitioner in PGRS alleging encroachment. Since an inquiry is contemplated, the petitioner approached this Court with false allegations. 6. Thus, as seen from the pleadings and the instructions, there is no dispute regarding the construction of the RCC building by the petitioner and the existence of a tobacco barren. Even as seen from the photograph, Ex.P7, a pathway exists abutting the compound wall of the petitioner9s house. In fact, as seen from the photograph filed by the respondents, there is a road existing between the RCC building and the tobacco barren. As seen from the instructions furnished by respondent No.5 and submissions of learned counsel for respondents 6 to 10, the tanker placed on the road does not belong to them. Hence, the complaint of the petitioner that respondents 4 and 5 are obstructing his pathway to the subject property is misconceived. 7. Given the above 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.5 not to park any vehicle or obstruct the pathway to the petitioner to reach the tobacco barren located in survey No.1251-2, Mundla Muri Vari Palem, Ponnaluru Mandal, Prakasam District. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 03.03.2026 IKN p. 6 SRS,J W.P.No.5147 of 2026 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5147 of 2026 Date: 03.03.2026 IKN