Extracted from the PDF above. The PDF is authoritative.
APHC010430952016
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WRIT APPEAL NO: 1354 of 2016 Bench Sr.No:-36 [3552] Smt. Chowturi Padmavathi ...Appellant Vs. District Collector, Prakasam District, and others ...Respondents ********** Advocate for Appellant : Mr. Parimi Rama Rayudu appearing vice Mr. Nuthalapati Krishna Murthy Advocates for Respondents : GP for Panchayat Raj & Rural Development Mr. Mattegunta Sudhir, Standing Counsel for Z.P.Ps, M.P.Ps, Gram Panchayats
CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE CHALLA GUNARANJAN DATE : 2nd February 2026 P C :
The present Writ Appeal, under clause 15 of the Letters Patent, has been preferred against the judgment and order, dated 23.02.2016, passed in W.P.No.31433 of 2011. 2. The contention of the petitioner/appellant herein before the learned single Judge was that the private respondent Nos.4 to 6 had encroached upon a public road in Sy.No.222 running from west to east from Gudluru to Chemididipadu of Prakasam District. 2 HCJ & CGRJ W.A.No.1354 of 2016
3. The contention of the appellant was that all roads in the village vest in the Gram Panchayat under Section 53 of the A. P. Panchayat Raj Act, 1954, and the Gram Panchayat could not have allowed the same to be encroached by anybody and therefore claimed inaction on the part of the official respondents. 4. The stand of the Gram Panchayat before the learned single Judge was that there was no dispute that the land in Sy.No.222 was Donka Poramboke, which meant passage or pathway, the classification given by the Revenue Department and that there did exist 20 feet wide gravel road abutting which the houses had been constructed by the houseless poor who are residing in the premises more than three decades. 5. The said unofficial respondents were also stated to be the beneficiaries under the Indiramma Housing Scheme, which is a scheme under which some financial assistance would be given for constructing houses for those who are houseless. It was stated that there were approximately 16 residential houses already constructed on the Donka Poramboke and that the unofficial respondents could not be thrown out by treating them to any sort of discrimination. 6.
The learned single Judge, by virtue of the judgment and order impugned, rejected the contention of the appellant that there was any encroachment on the road by respondent Nos.4 to 6, or that the appellant had no access to her plot, or that the access was restricted. It is not denied that
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the appellant claims to be in possession of land measuring Ac.0.20 Cents in Sy.No.179, which falls adjacent to Sy.No.222. 7. We have heard learned counsel for the parties. The arguments advanced today before us are on similar lines as the stand of the learned counsel for the parties before the learned single Judge. 8. It appears that there does exist the 20 feet wide road, which provides free access to all the residents who are residing in the area. This includes the appellant as well. While it is not denied that the entire Sy.No.222 was, in the records, reflected as Donka Poramboke i.e. the pathway, yet to dislodge the residents from the houses selectively and in this case private respondent Nos.4 to 6, when there was no grievance expressed or action sought against those others who constructed their houses in the vicinity, we feel no justification to exercise our extraordinary writ jurisdiction to issue any direction, which would have the effect of upsetting the current position on the spot only with regard to the private respondents herein. 9. While the appellant may have had a point, yet it does not necessarily warrant interference from this Court when no express prejudice appears to have been suffered by the appellant. 10. We find no merit in the present appeal, which is, accordingly, dismissed. No costs. 4 HCJ & CGRJ W.A.No.1354 of 2016
Consequently, connected miscellaneous applications, if any, shall stand closed. DHIRAJ SINGH THAKUR, CJ
CHALLA GUNARANJAN, J kbs
5 HCJ & CGRJ W.A.No.1354 of 2016
91 HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON’BLE MR.
JUSTICE CHALLA GUNARANJAN
W.A.No.1354 of 2016
Dt: 02.02.2026
kbs