APHC010114572026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] SATURDAY,THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6399/2026 Between: 1. BADDURI SAIDA REDDY,, S/O LATE RAMI REDDY, AGED ABOUT 85 YEARS, R/O NAGIREDDIPALEM VILLAGE, BELLAMKONDA MANDAL, PALNADU DISTRICT. 2. BADDURI PITCHI REDDY,, S/O SAIDA REDDY, AGED ABOUT 62 YEARS, R/O NAGIREDDIPALEM VILLAGE, BELLAMKONDA MANDAL, PALNADU DISTRICT, PRESENTLY RESIDING AT NEW LIFE HOSPITAL, OPP.PALNADU HOSPITAL, MAIN BAZAR, PIDUGURALLA, PALNADU DISTRICT. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-522237. 2. THE DISTRICT PANCHAYAT OFFICER, PALNADU DISTIRCT AT NARASARAOPET. 522601 3. THE MANDAL PARISHAD DEVELOPMENT OFFICER, BELLAMKONDA MANDAL, BELLAMKONDA, PALNADU DISTRICT. 522411 p. 2 SRS,J 4. NAGIREDDIPALEM GRAM PANCHAYAT, REP.BY ITS PANCHAYAT SECRETARY, NAGIREDDIPALEM VILLAGE, BELLARNKONDA MANDAL, PALNADU DISTRICT. 522411 5. THE DISTRICT COLLECTOR, PALNADU DISTIRCT AT NARASARAOPET. 522601 6. THE TAHASILDAR, BELLAMKONDA MANDAL, BELLAMKONDA, PALNADU DISTRICT. 522411 7. SRI VASANTHA RAO, PANCHAYAT SECRETARY, NAGIREDDIPALEM GRAM PANCHAYAT, NAGIREDDIPALEM VILLAGE, BELLAMKONDA MANDAL, PALNADU DISTRICT. 522411 ...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 be pleased to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 4th respondent in highhandedly laying a road by encroaching the petitioners land situated in Sy.No. 393-2A admeasuring Ac.0.30 cents in Nagireddipalem Village, I,Bellamkonda Sivar, Bellamkonda Mandal, Palnadu District without following due process of law as illegal, violation of principles of natural justice and violative of Articles 14 and 300-A of the Constitution of India and consequently direct the respondents 3 and 4 not to lay road by encroaching the petitioners land and pass such 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 may be pleased to direct the respondents 3 and 4 not to lay road by encroaching the petitioner's land situated in Sy.No. 393-2A admeasuring Ac.0.30 cents in Nagireddipalem Village, Bellamkonda Sivar, Bellamkonda Mandal, Palnadu District without following due process of law, pending disposal of the writ petition and to pass such Counsel for the Petitioner(S): p. 3 SRS,J 1. KOCHIRI RAJA SHEKAR Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: :: ORDER :: Heard Sri K. Raja Sekhar, learned counsel for the petitioners; Smt. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj, for respondents 1 and 2; Sri M. Sudhir, learned standing counsel for respondents 3 and 4; Ms. P. Usha, learned Assistant Government Pleader for Revenue, for respondents 5 and 6. 2. The notice to respondent No.7 is dispensed with since no adverse order affecting his rights and interest, is passed. 3. The above writ petition is filed to declare the action of respondent No.4, in laying a road, by encroaching the petitioner’s land to an extent of Ac.0-30 cents, situated in survey No.393-2A, Nagireddipalem Village, Bellamkonda Sivar, Bellamkonda Mandal, Palnadu District, without following the due process of law as illegal and arbitrary. 4. Learned counsel or the petitioners would submit that the Panchayat Secretary of respondent No.4, who was arrayed as an eo-nominee party, as respondent No.7, in the guise of widening the road encroached upon the petitioners’ land and dumped material on 01.03.2026. 5. Learned standing counsel submitted the instructions of the Panchayat Secretary of respondent No.4. p. 4 SRS,J 6. A perusal of the instructions would disclose that there is no dispute regarding the donation of the land of an extent of Ac.00-15 cents for public utilisation and the construction made therein. To reach the structure, one has to pass through the petitioners’ land. However, the petitioners objected to it. The Joint Collector, Revenue Divisional Officer and Tahsildar also failed to redress the problem. Neither was a resolution passed by the Gram Panchayat, nor was anyone permitted to lay the road on the petitioners’ land. The Panchayat Secretary of respondent No.4 is not interfering with the petitioners’ possession of the property. The written instructions of the Panchayat Secretary are made part of the record. 7. Thus, as seen from the instructions, respondent No.4 is not interfering with the petitioners’ possession and enjoyment of the aforementioned property. 8. 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 the respondent authorities not to interfere with the petitioners’ possession of the aforementioned property, without following the due process of law. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 07.03.2026 IKN