APHC010099202026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5435/2026 Between: 1. PATAMATA VENKATESWARAMMA, S/O LATE PADAMATA VENKATESWARA RAO, AGED ABOUT 65 YEARS, OCCU. HOUSEWIFE RESIDENT OF K. KOTHAPALEM VILLAGE, MOPIDEVI MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYATHI RAJ AND RURAL DEVELOPMENT DEPARTMENT, AP SECRETARIAT OFFICE VELAGAPUDI, AMARAVATHI GUNTUR DIST, AP, 522237. 2. THE DISTRICT COLLECTOR OFFICE, KRISHNA DISTRICT, AP, 521002 3. THE DISTRICT PANCHAYAT OFFICER, KRISHNA DISTRICT, AP, 533001 4. THE PANCHAYAT SECRETARY, REP BY ITS K. KOTHAPALEM GRAMA PANCHAYAT, MOPIDEVI MANDAL, KRISHNA DISTRICT, AP, 521125 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER, MOPIDEVI MANDAL, KRISHNA DISTRICT, AP. 521125 6. THE VILLAGE REVENUE OFFICER VRO, K. KOTHAPALEM GRAMA PANCHAYAT, MOPIDEVI MANDAL, KRISHNA DISTRICT, AP, 521125 2 7. SRI BALIA SIVA RAMAPRASAD, S/O SRI RAMULU AGED . NOT KNOWN OCC. CONTRACTOR R/O MOPIDEVI LANKA VILLAGE, MOPIDEVI LANKA MANDAL , KRISHNA DISTRICT, ANDHRA PRADESH, 521125 ...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 a writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents particularly 4th respondent trying to in dispossess of her land by way of laying road and dumped Materials by the unofficial respondent on the petition schedule property in an extent of (Ac. 0.50 cents in R.S. No. 132, situated at K. Kothapalem Village, Mopidevi Mandal, Krishna District), without following due process, issuing prior notice, or acquiring the property under statutory law 13 of 2013 Act., and despite pendency of civil suit vide No . O.S. No. 142/2023 on the file of Principal Junior Civil Judge, Avanigadda, ignoring legal notices dated 17.12.2024 and 21.02.2026, as illegal, arbitrary, and violative of Article 300A of the Constitution and principles of natural justice. Consequently direct the Respondents particularly 4th respondent not to dispossess by way of laying road in the petitioner's property and dumped Materials by the unofficial respondent on the petition schedule property in an extent of (Ac. 0.50 cents in R.S. No. 132, situated at K. Kothapalem Village, Mopidevi Mandal, Krishna District), without following due process, issuing prior notice, or acquiring the property Under statutory law Act 13 of 2013 ..under law, as illegal, arbitrary, and violative of Article 300A of the Constitution and principles of natural justice and Pass such other order(s) as this Hon'ble Court deems fit and proper in the interests of justice 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 particularly 4th respondent not to dispossess by way of laying road in the petitioner’s property and dumped Materials by the unofficial respondent on the petition schedule property in an extent of (Ac. 0.50 cents in R.S. No. 132, situated at K. Kothapalem Village, Mopidevi Mandal, Krishna District), without following due process, issuing prior notice, or acquiring the property. Act 13 of 2013 and to pass Counsel for the Petitioner: 3 1. KALLA TULASI DURGAMBA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: :: ORDER :: Heard Smt. K.Tualsi Durgamba, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents 1 to 3 and 6, and Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the respondents 4 and 5. The notice in respect of the 7th respondent is dispensed with since no adverse order is passed affecting the interest of the 7th respondent. 2. The above writ petition was filed to declare the action of the 4th respondent in attempting to lay a road in an extent of Ac.0.50 cents in R.S.No.132 of K.Kothapalem Village, Mopidevi Mandal, Krishna District, without following due process, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that the petitioner’s husband purchased Ac.0.50 cents in R.S.No.132 of K.Kothapalem Village under a registered document dated 26.04.1975. The petitioner’s husband filed O.S.No.142 of 2023 on the file of the Principal Junior Civil Judge, Avanigadda, against third parties seeking perpetual injunction, and the same is pending. Pending the suit, the petitioner’s husband died, and the petitioner, along with 4 her children, filed an application to come on record as legal representatives, and the same is pending. 4. Be that as it may, the 4th respondent is attempting to lay a road in the petitioner’s land and has dumped the material, without following the procedure. 5. Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the respondents 4 and 5, submitted written instructions of the Panchayat Secretary of the 4th respondent. In the written instructions vide Roc.No.01/2026 dated 25.02.2026, it was stated that the Gram Panchayat is not forming any road in the petitioner’s land. The road work is being undertaken in the R.S.Nos.16 and 599 of K.Kothapalem Gram Panchayat, Mopidevi Mandal. The petitioner’s husband, Sri Padamata Venkateswara Rao, has submitted an objection letter in the year 2025 regarding the formation of the road. The Gram Panchayat requested a Survey Certificate from the Tahsildar, Mopidevi, regarding the land from Padamata Basavayya's house to Karakatta to form a CC road under the MGNREGS Grant. The Tahsildar, Mopidevi, issued an endorsement letter dated 06.03.2025 and stated that the road referred supra is in the R.S.Nos.16 and 599 but not in the R.S.No.132, as per the F.L.R. The written instructions of the Panchayat Secretary of the 4th respondent are made part of the record. 6. Thus, as seen from the instructions, the 4th respondent is not interfering with Ac.0.50 cents of land in R.S.No.132 of K.Kothapalem Village, Mopidevi 5 Mandal, under the guise of forming a road. The instructions would further indicate that the road work is being undertaken in the R.S.Nos.16 and 599 of K.Kothapalem Gram Panchayat. 7. Given the facts and circumstances of the case, the writ petition is disposed of, at the stage of admission, with the consent of all the learned counsel, directing the 4th respondent not to interfere with the petitioner’s possession and enjoyment of Ac.0.50 cents of land in R.S.No.132 of K.Kothapalem Village, Mopidevi Mandal, Krishna District, without following due process of law. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 25.02.2026 SNI 6 105 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5435 OF 2026 Date: 25.02.2026 SNI