APHC010111872026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6758/2026 Between: 1. KATREDDY NAGA MOHAN REDDY, S/O.PEDDA NAGI REDDY, AGED ABOUT 56 YEARS, OCC AGRICULTURE, R/O.H.NO.2-35, JILLELLA VILLAGE, THIMMAPURAM GRAM PANCHAYAT, BANAGANEPALLE MANDAL, NANDYAL DISTRICT. - 518 512 ...PETITIONER AND 1. THE THIMMAPURAM GRAM PANCHAYAT, THIMMAPURAM VILLAGE, BANAGANEPALLE MANDAL, NANDYAL DISTRICT REP BY ITS PANCHAYAT SECRETARY. -518512 2. THE ASSISTANT ENGINEER, PANCHAYAT RAJ DEPARTMENT, BANAGANEPALLE, NANDYAL DISTRICT. 518 124 3. THE DEPUTY EXECUTIVE ENGINEER, PANCHAYAT RAJ DEPARTMENT, BANAGANEPALLE, NANDYAL DISTRICT - 518 124 4. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ DEPARTMENT, NANDYAL, NANDYAL DISTRICT - 518 501 5. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.522237 6. ALLE SHANKAR REDDY, S/O.CHINA SUBBA REDDY, AGED ABOUT 58 YEARS, R/O.THIMMAPURAM VILLAGE, BANAGANEPALLE MANDAL, NANDYAL DISTRICT. 518 512 2 ...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 to declare the action of the Respondent No.l in trying to lay the road through the land of the Petitioner extent 148.5 Sq.yards situated in Sy.No.74 of Jillella Village, Thimmapuram Gram Panchayat, Banaganepalle Mandal, Nandyal District without following due process of law and without initiating the proceedings for acquisition of the land as arbitrary, illegal and in violation of Article 14, 21 and 300-A of the Constitution of India and consequently direct the Respondent No.l not to lay the road through the land of the Petitioner extent 148.5 Sq.yards situated in Sy.No.74 of Jillella Village, Thimmapuram Gram Panchayat, Banaganepalle Mandal, Nandyal District without following due process of law in the interest of justice. 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 Respondent No.1 not to lay the road through the land of the Petitioner extent 148.5 Sq.yards situated in Sy.No.74 of Jillella Village, Thimmapuram Gram Panchayat, Banaganepalle Mandal, Nandyal District without following due process of law pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner: Counsel for the Respondent(S): The Court made the following: :: ORDER :: Heard Sri P.Sai Sri Harsha, learned counsel representing Sri P.Nagendra Reddy, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural 1. P NAGENDRA REDDY 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. 3 Development for the respondents 2 to 5, and Sri M.Sudhir, learned Standing counsel for the 1st respondent. The notice in respect of the 6th respondent is dispensed with, since no adverse order is passed affecting the interest of the 6th respondent. 2. The above writ petition was filed to declare the action of the 7th respondent in attempting to lay a road through the petitioner’s land, admeasuring 148.5 Square yards in Sy.No.74 of Jillella Village, Thimmapuram Gram Panchayat, Banaganepalle Mandal, Nandyal District, without following due process, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that the petitioner is the absolute owner of the land admeasuring 148.5 Square yards in Sy.No.74 of Jillella Village. The petitioner’s father purchased the above property under a registered Sale Deed dated 10.05.1976, and in a subsequent partition, the said property fell to the share of the petitioner. The 1st respondent is attempting to lay a road through the petitioner’s land without following due procedure. 4. Sri M.Sudhir, learned Standing counsel for the 1st respondent, submitted the written instructions of the Panchayat Secretary of the 1st respondent dated 11.03.2026. The relevant portion of the written instructions reads as follows: “The Gram Panchayat is not willing to construct C.C. road in survey number 74 of Jillella Village of Thimmapuram Gram Panchayat of 4 Banaganapalli Mandal of Nandyal District the Gram Panchayat never disturbed the petitioner in this issue. The Gram Panchayathi of Thimmapuram Gram Panchayat does not gave resolution to construct C.C. road either in survey number 74 of Jillella Village of Thimmapuram Gram Panchayat of the petitioner site or 148.5 Sq. Yards.” 5. Thus, as seen from the written instructions, the 1st respondent is not attempting to lay a road in the petitioner’s land. Therefore, the petitioner filed the above writ petition with apprehension. 6. Given the facts and circumstances of the case, keeping the writ petition pending will not serve any purpose. The writ petition is disposed of, at the stage of admission, with the consent of all the learned counsel, directing the 1st respondent not to interfere with the land and further follow due process, in the event the respondent intends to lay a road in the petitioner’s land admeasuring 148.5 Square yards in Sy.No.74 of Jillella Village, Thimmapuram Gram Panchayat, Banaganepalle Mandal, Nandyal District. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 11.03.2026 SNI 5 153 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6758 OF 2026 Date: 11.03.2026 SNI