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2026 DAILYLAW 2166 (AP)

KANCHAM MARESWARA RAO v. THE STATE OF AP

WP/12234/2026 · 2026-05-04

Subba Reddy Satti

body2026

Judgment text

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APHC010230482026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 12234/2026 Between: 1. KANCHAM MARESWARA RAO, S/O.JAMALAIAH, AGED ABOUT 48 YEARS, R/O.2-76, MADDULAPARUVA, REDDYGUDEM MANDAL, N.T.R DISTRICT, AP-521215 ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 522238 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT OFFICE OF THE COMMISSIONER PVS ICON BUILDING, PATHURU X ROAD TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH, 522501 3. THE MADDULAPARAVA GRAMA PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY OFFICE OF THE PANCHAYAT SECRETARY MADDULAPARAVA VILLAGE, REDDYGUDEM MANDAL, N.T.R. DISTRICT, ANDHRA PRADESH 521215 4. THE TAHSILDAR, REVENUE DEPARTMENT OFFICE OF THE TAHSILDAR, REDDYGUDEM REDDYGUDEM MANDAL, N.T.R. DISTRICT, ANDHRA PRADESH 521215 5. KARRI VEERASWAMY, S/O.NARAYANA, AGE 65 YEARS, YADAVULA BAZAR, MADDULAPERVA REDDYGUDEM MANDAL, N.T.R DISTRICT 521215. 6. KARRI KRISHNA RAO, S/O.VEERA SWAMY, AGE 38 YEARS, YADAVULA BAZAR, MADDULAPERVA, REDDYGUDEM MANDAL, N.T.R DISTRICT 521215. 7. KARRI VENKATESWARA RAO, S/O.VEERA SWAMY, AGE 48 YEARS, YADAVULA BAZAR, MADDULAPERVA, REDDYGUDEM MANDAL, N.T.R DISTRICT 521215 8. KOMATI JAMALAYYA, S/O. ANANADAM, AGE 49 YEARS, YADAVULA BAZAR, MADDULAPERVA, REDDYGUDEM MANDAL, N.T.R DISTRICT 521215 9. KOMATI RAGAVULU, S/O.KRISHNAYYA, AGE 37 YEARS, YADAVULA BAZAR, MADDULAPERVA, REDDYGUDEM MANDAL, N.T.R DISTRICT 521215 . 10. KOMATI VENKATESWARA RAO, S/O.JAMALAYYA, AGE 32 YEARS, YADAVULA BAZAR, MADDULAPERVA, REDDYGUDEMMANDAL, N.T.R DISTRICT 521215 11. KOMATI VENKATA SWAMY, S/O.NARAYANA, AGE 35 YEARS, YADAVULA BAZAR, MADDULAPERVA, REDDYGUDEM MANDAL, N.T.R DISTRICT 521215 12. KOMATI KASULU, S/O.VENKATADRI, AGE 40 YEARS, YADAVULA BAZAR, MADDULAPERVA, REDDYGUDEM MANDAL, N.T.R DISTRICT 521215. 13. KOMATI CHINNA VENKATESWARLU, S/O.PEDDIRAJU, AGE 49 YEARS, YADAVULA BAZAR, MADDULAPERVA REDDYGUDEMMANDAL, N.T.R DISTRICT 521215 14. KOMATI MADHAVA RAO, S/O.ANANDAM, AGE 52 YEARS, YADAVULA BAZAR, MADDULAPERVA, REDDYGUDEM MANDAL, N.T.R DISTRICT 521215 15. KOMATI NAGABHUSHANAM, S/O.ANANDAM, AGE 50 YEARS, YADAVULA BAZAR, MADDULAPERVA REDDYGUDEM MANDAL, N.T.R DISTRICT 521215 16. KOMATI SRINIVASA RAO, S/O.VENKATADRI, AGE 32 YEARS, YADAVULA BAZAR, MADDULAPERVA REDDYGUDEM MANDAL, N.T.R DISTRICT 521215 17. BATTA KANAKESWARA RAO, S/O.VENKATESWARLU, AGE 29 YEARS, YADAVULA BAZAR, MADDULAPERVA, REDDYGUDEM MANDAL, N.T.R DISTRICT 521215 18. KARRE ITHAM RAJU, S/O.NARAYNA, YADAVUIA BAZAR, MADDULAPERVA. REDDYGUDEM MANDAL, N.T.R DISTRICT 521215 19. KARRE ADI LAKSHMI, W/O.VEERA SWAMY, YADAVUIA BAZAR, MADDULAPERVA, REDDYGUDEM MANDAL, N.T.R DISTRICT 521215 20. BATTA VENKATESWARA RAO, S/O. KANAKAIAH, YADAVUIA BAZAR, MADDULAPERVA, REDDYGUDEM MANDAL, N.T.R DISTRICT 521215 21. KOMATI SRINIVASA RAO, S/O.PITCHAI, YADAVUIA BAZAR, MADDULAPERVA, REDDYGUDEM MANDAL, N.T.R DISTRICT 521215 22. NELAPALLI SATYAM, S/O.REDDAIAH, YADAVUIA BAZAR, MADDULAPERVA, REDDYGUDEM MANDAL, N.T.R DISTRICT 521215 23. KOMATI APPALA KRISHNA, S/O.CHINNA VENKATESWARA RAO YADAVUIA BAZAR, MADDULAPERVA, REDDYGUDEM MANDAL, N.T.R DISTRICT 521215 24. KOMATI REDDAIAH, S/O.GANDHI, YADAVUIA BAZAR, MADDULAPERVA, REDDYGUDEM MANDAL, N.T.R DISTRICT 521215 25. KOMATI SATYANARAYANA, S/O.ANNADAM, YADAVUIA BAZAR, MADDULAPERVA, REDDYGUDEM MANDAL, N.T.R DISTRICT 521215 26. KOMATI NARISHMA, S/O.PITCHAI, YADAVUIA BAZAR, MADDULAPERVA, REDDYGUDEM MANDAL, N.T.R DISTRICT 521215 27. KOMATI VEERA BABU, S/O.RAGHAVULU, YADAVUIA BAZAR, MADDULAPERVA, REDDYGUDEM MANDAL, N.T.R DISTRICT 521215 28. KOMATI DURGAIAH, S/O.PITCHAI, YADAVUIA BAZAR, MADDULAPERVA, REDDYGUDEM MANDAL, N.T.R DISTRICT 521215 ...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 direction, more particularly one in the nature of a WRIT OF MANDAMUS, declaring the actions of the respondents, more particularly the 3rd respondent i.e., Panchayat Secretary, Maddulaparava Village, in permitting the laying of a road in the petitioner's landed property admeasuring Ac.0.07 cents in Survey No. 117/4 of Maddulaparava Village, Reddygudem Mandal, NTR District, without acquipng the land, without issuing any notice, and without following due process of law, as illegal, irregular, irrational, and in violation of the principles of natural justice, and contrary to Articles 14, 19 and 300A of the Constitution of India and the provisions of the A.P. Panchayat Raj Act 1994 and rules framed there under, and consequently direct the respondents not to dispossess the petitioner from the said property, and to pas 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 not to lay road in property 0.07 cents in Survey No. 117/4 of Maddulaparva Village, Reddygudem Mandal, NTR District without following due process of law pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. V.N.V.SURYA DATTU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following order: Heard Sri V.N.V.Surya Dattu, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents 1 and 2, Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the 3rd respondent, and Ms. Usha, learned Assistant Government Pleader for Revenue for the 4th respondent. The notice in respect of the respondents 5 to 28 is dispensed with, since no adverse order is passed affecting the interest of the respondents 5 to 28. 2. The grievance of the petitioner is that the Panchayat Secretary of the 3rd respondent is attempting to lay a road in the petitioner’s land admeasuring Ac.0.07 cents in Sy.No.117/4 of Maddulaparava Village, Reddygudem Mandal, NTR District, without following due procedure, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that the petitioner is the absolute owner and possessor of an extent of Ac.0.07 cents in Sy.No.117/4 of Maddulaparava Village, Reddygudem Mandal, NTR District. The petitioner purchased the said property under a registered sale deed bearing No.4740/2013 dated 17.12.2013. The petitioner constructed an RCC building and a compound wall, leaving pathways on three sides. A panchayat road exists on the Western side, through which the petitioner has access to reach his residence. On the Northern side of the petitioner’s property, a small temple by the name Ankamma temple exists. One Sri Karri Veeraswamy and his sons trespassed into the Government land in Sy. No.117/3 and erected a shed. The petitioner filed Suit O.S.No.159 of 2022 on the file of the Junior Civil Judge, Mylavaram, seeking perpetual injunction, and the Civil Court granted an ad- interim injunction. 4. Be that as it may, the Panchayat Secretary of the 3rd respondent, at the behest of the respondents 5 to 28, attempted to lay a road in the petitioner’s private land without initiating any proceedings. 5. The writ petition was initially listed on 30.04.2026 and thereafter on 04.05.2026, and was adjourned at the request of the learned Standing counsel for the 3rd respondent to get instructions. 6. Today, when the matter is taken up for consideration, Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the 3rd respondent, submitted the written instructions of the Panchayat Secretary of the 3rd respondent. 7. A perusal of the instructions would indicate that neither a permission was granted by the Panchayat Secretary nor was any road formed in Sy.No.117/4 as alleged by the petitioner. The written instructions are made part of the record. 8. Given the facts and circumstances of the case, inviting a counter and keeping the writ petition may not serve any purpose. Hence, the writ petition is disposed of, at the stage of admission, with the consent of all the learned counsel, directing the Panchayat Secretary of the 3rd respondent not to interfere with the petitioner’s land of an extent of Ac.0.07 cents in Sy.No.117/4 of Maddulaparava Village, Reddygudem Mandal, NTR District, without following due procedure. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 05.05.2026 SNI 200 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 12234 OF 2026 Date: 05.05.2026 SNI