APHC010136362026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY,THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 7197/2026 Between: 1. ALURU SATYANARAYANA MURTHY, S/O. AHL MOHAN RAO, AGED 47 YRS, R/O. D. NO. 2-5, DURGA GUDIVEEDHI, SARABHAVARAM, PRATTIPADU MANDAL, KAKINADA DISTRICT. 533001 2. RAMISETTI DORABABU,, S/O. KAMESWARA RAO, AGED 46 YRS R/O. D. NO. 3-48, SARABHAVARAM, PRATTIPADU MANDAL, KAKINADA DISTRICT. 533001 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI. - 522022 2. DISTRICT COLLECTOR, KAKINADA DISTRICT KAKINADA. 533001 3. THE DIVISIONAL ENGINEER, ROADS AND BUILDINGS DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH PEDDAPURAM, KAKINADA DISTRICT. 533437 4. THE ASSISTANT ENGINEER, ROADS AND BUILDINGS DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, YELESWARAM, KAKINADA DISTRICT. 533429 ...RESPONDENT(S): 2 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 writ, order or direction, more particularly one in the nature of writ of mandamus declaring the action of the respondents in interfering with the possession and enjoyment of the property of the respective petitioners bearing D. No. 2-5 in an extent of Ac. 0.05 cts and 3-48 in an extent of 215 sq yds of Sarabhavaram Village, Prattipadu Mandal, Kakinada District without recourse to law as illegal, arbitrary and violative of principles of natural justice in violation of Article 300A of the Constitution of India, consequently directing the respondents not to demolish or dispossess or meddle with the said property of the petitioners in any respect and pass orders 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 pleased to direct the respondents not to meddle with the property of the petitioners bearing D. No. 2-5 in an extent of Ac. 0.05 cts & 3-48 in an extent of 215 sq yds of Sarabhavaram Village Prattipadu Mandal Kakinada District including demolition of the structures and dispossession from the part of the said site and pass Counsel for the Petitioner(S): 1. T V S PRABHAKARA RAO Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.7197 OF 2026 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue writ, order or direction, more particularly one in the nature of writ of mandamus declaring the action of the respondents in interfering with the possession and enjoyment of the property of the respective petitioners bearing D.No.2-5 in an extent of Ac.0.05 cts and 3-48 in an extent of 215 sq yds of Sarabhavaram Village, Prattipadu Mandal, Kakinada District, without recourse to law as illegal, arbitrary and violative of principles of natural justice in violation of Article 300A of the Constitution of India, consequently directing the respondents not to demolish or dispossess or meddle with the said property of the petitioners in any respect and pass such other relief or reliefs…” 2. It is the grievance of the petitioners that the 1st petitioner is the owner and possessor of the house property bearing D.No.2-5 of Sarabavaram Village. The said house was constructed long back after removing the earlier house bearing D.No.2-7 in an extent of Ac.0.05 cents. The petitioner has inherited the property from her mother, who executed a Will dated 11.01.2014 bequeathing her properties to her children, and the 1st petitioner is one of the beneficiary of the said Will. The 2nd petitioner purchased the house property bearing D.No.3-48 in an extent of 215 sq yds at Sarabavaram Village through registered sale deed for valuable sale consideration. While so, the respondent authorities are trying to dispossess the petitioners for laying a road in the property belonging to the petitioners without following due process of law and in arbitrary manner. It is the contention of petitioners that if at all the 4 respondents intend to widen the road they should acquire the land on both sides of the existing road extending from the centre point of the existing road to the building line. In fact, the respondents are trying to evict the petitioners violating principles of natural justice, it violates Article 300A of the Constitution of India. Hence, the present writ petition is filed seeking to direct the respondents not to dispossess or meddle with the petitioners’ property without following due process of law. 3. Heard Sri T.V.S.Prabhakar Rao, learned counsel for the petitioners and learned Government Pleader for Roads and Buildings for respondents. 4. Learned counsel for the petitioners would submit that in similar circumstances this Court disposed of W.P.No.31566 of 2024 dated 03.01.2025, directing the respondents therein not to take any coercive steps against the subject property without following due process of law. Hence, requested to pass a similar order as was directed in W.P.No.31566 of 2024. 5. Principles of natural justice are those which have been laid by the Courts are being minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by the authority, which making an order affecting those rights. These rules are intended to prevent such authority from doing injustice. Natural justice is deeply rooted in tradition and conscience to be ranked as fundamental. The purpose of following the principle of natural justice is the prevention of miscarriage of justice. It also 5 violates the principle of fair play and natural justice as well, the opportunity of hearing is not shunned under any of the laws. 6. Therefore, the present Writ Petition is disposed of directing the respondents to follow due procedure of law, if at all the respondents intend to acquire petitioners’ land, as observed by this Court at paragraph No.2 of the order. Till such time, respondents are directed not to take any coercive steps. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 13.03.2026 KBN 6 134 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.7197 of 2026 Date: 13.03.2026 KBN