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2026 DAILYLAW 19198 (AP)

Pinnamareddy Balasubramanyam Reddy v. The State of Andhra Pradesh

WP/7204/2026 · 2026-03-11

Subba Reddy Satti

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010136772026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY,THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 7204/2026 Between: 1. PINNAMAREDDY BALASUBRAMANYAM REDDY,, S/O. CHENGALRAYA REDDY, AGED 59 YEARS, OCC PVT. EMPLOYEE, RIO. PLOT NO.33 AND 34, D.NO.9-4-27/406 CHAMUNDESWARY. RESIDENCY, LIONS TOWN COLONY, HASMATHPET X CROSS ROAD, OLD BOWENPALLY, TIRUMALAGIRI, HYDERABAD, TELANGANA, PIN-500009 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.522238 2. THE DISTRICT COLLECTOR PANCHAYAT WING, TIRUPATI DISTRICT AT TIRUPATI.517501 3. THE DISTRICT PANCHAYAT OFFICER, TIRUPATI DISTRICT AT TIRUPATI 517501 p. 2 SRS,J W.P.No.7204 of 2026 4. THE MANDAL PARISHAD DEVELOPMENT OFFICER MPDO, VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT.517541 5. KOLATHUR GRAM PANCHAYAT, REP BY ITS EXECUTIVE AUTHORITY-CUM- PANCHAYAT SECRETARY, KOLATHURU VILLAGE, VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT.517541 6. KAMIREDDY BALASUBRAMANYAM REDDY, S/O. UNKNOWN, R/O. GOVARDHANAPURAM VILLAGE, VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT.517541 ...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 Respondent Nos. 4 and 5 at instance of Respondent No. 6, in contemplating to form a Gravel Road through the Petitioners' agricultural landed property admeasuring an extent of Ac.5.24 cents covered by Sy. Nos. 180-1 B-A, 181-1A, 181-1 B, 177, 178, 179, 180-1A-B, 165- 6, 180-4, 180-2 and 180-3 situated in Kolathuru Revenue Village of Varadaiahpalem Mandal in Tirupati District, without initiating any acquisition proceedings, as illegal, irregular, irrational, and violative of provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and its governing Rules and offends Articles 14,21 and 300-A of the Constitution of India and consequently direct the Respondents specifically Respondent Nos. 4 and 5 not to interfere with the Petitioners' peaceful possession and enjoyment over his said land nor form any Road thereon 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 specifically Respondent Nos. 4 & 5 not to form any p. 3 SRS,J W.P.No.7204 of 2026 Road over Petitioners' exclusive private landed property admeasuring Ac.5.24 cents covered by Sy.No.180-1B-A, 181-1A, 181-1 B, 177, 178, 179, 180-1A-B, 165-6, 180-4, 180- 2 and 180-3 situated in Kolathuru Revenue Village of Varadaiahpalem Mandal in Tirupati District, pending disposal of the main Writ Petition Counsel for the Petitioner: 1. PALA KARTHI KIRAN Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: :: ORDER :: Heard Sri Karthi Kiran Pala, learned counsel for the petitioner, Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj for respondents 1 to 3, and Sri M. Sudhir, learned standing counsel for respondents 4 and 5. 2. Notice in respect of respondent No.6 is dispensed with since no adverse order is passed affecting his rights or interests. 3. The above writ petition is filed to declare the action of respondents 4 and 5 in contemplating to form a gravel road through the petitioner’s agricultural land admeasuring Ac.5-24 cents, covered by survey Nos.180-1B- A, 181-1A, 181-1B, 177, 178, 179, 180-1A-B, 165-6, 180-4, 180-2 and 180-3 situated in Kolathuru Revenue Village of Varadaiahpalem Mandal, Tirupati District, without following due process of law, as illegal and arbitrary. Page 4 of 6 SRS,J W.P.No.7204 of 2026 4. Learned counsel for the petitioner would submit that the petitioner is the absolute owner of the aforementioned property. He purchased the same under a registered document bearing No.1645 of 2008, dated 20.09.2008, pursuant to which, the revenue authorities updated the Record of Rights and issued Pattadar Passbooks and Title Deeds in favour of the petitioner. While so, respondents 4 and 5, without initiating proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 30 of 2013 or any other Act, are attempting to lay a road in part of the petitioner’s land. 5. In support of the petitioner’s contention, he filed Ex.P1, a copy of the registered sale, Ex.P2, the Pattadar Passbook, Ex.P3- ROR 1(B) and other revenue records. Photographs are filed as Ex.P7. 6. Learned standing counsel produced the instructions of the Panchayat Secretary of respondent No.5 and submitted that initially, the petitioner gave consent to lay a road in part of his land. Hence, the authority proceeded with and laid a gravel road to some extent on 02.03.2026. However, since the petitioner approached the High Court, the authority stopped laying the road in part of the petitioner’s subject land. 7. In reply, learned counsel for the petitioner would submit that the petitioner has no objection if the authorities lay the road after acquiring the land under the Act 30 of 2013. 8. Given the written instructions, inviting a counter and keeping the writ petition pending may not serve any purpose. Hence, this writ petition is disposed of at the admission stage with the consent of learned counsel on p. 5 SRS,J W.P.No.7204 of 2026 either side directing respondents 4 and 5 not to interfere with the petitioner’s enjoyment of the aforementioned property, without following due process of law. If respondents 4 and 5 intend to lay a road in the petitioner’s land, they shall follow the procedure contemplated under Act 30 of 2013 or any other Act in vogue. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 12.03.2026 IKN p. 6 SRS,J W.P.No.7204 of 2026 241 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 7204 of 2026 Date: 12.03.2026 IKN