APHC010546392023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 28211/2023 Between: 1. G JAFFER HUSSAIAN, S/O. LATE SATTAR, AGED ABOUT 58 YEARS, R/O. SANJAMALA VILLAGE AND MANDAL, NANDYAL DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, NANDYAL DISTRICT, NANDYAL. 3. THE MANDAL DEVELOPMENT OFFICER, SANJAMALA. MANDAL, SANJAMALA, NANDYAL DISTRICT. 4. THE EXTENSION OFFICER EORD, SANJAMALA MANDAL, SANJAMALA, NANDYAL DISTRICT. 5. THE SACHIVALAYA ASSISTANT ENGINEER, SANJAMALA VILLAGE AND MANDAL, NANDYAL DISTRICT. 6. SANJAMALA GRAMPANCHAYAT, SANJAMALA VILLAGE AND MANDAL, NANDYAL DISTRICT, REP. BY ITS PANCHAYAT SECRETARY. ...RESPONDENT(S): p. 2 SRS,J 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 topleased to issue a writ of mandamus or any other appropriate writ declaring the action of the respondents in proposing to lay the road in the petitioner's private patta land i.e., an extent 216 sq.yds in Sy.No.312, situated at Sanjamala village and Mandal, Nandyal District as illegal, arbitrary and violation of Article 300-A of Constitution of India and consequently direct the respondents not to lay the road in the petitioner's private patta land i.e., an extent of 216 sq.yds in Sy.No.312, situated at Sanjamala village and Mandal, Nandyal District and pass IA NO: 1 OF 2023 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 lay the road in the petitioner's private patta land i.e., an extent of 216 sq.yds in Sy.No.312, situated at 1111 Sanjamala village and Mandal, Nandyal District pending disposal of writ petition as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: 1. C SUBODH Counsel for the Respondent(S): 1. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: ::ORDER :: Heard Sri M. Veerendranath, learned counsel representing Sri C. Subodh, learned counsel for the petitioner; Sri P. Rajesh, learned p. 3 SRS,J Assistant Government Pleader for Panchayat Raj, for respondents 1, 2 and 5, Sri P. Nithin, learned counsel representing Sri Y. Koteswara Rao, learned standing counsel for respondents 3, 4 and 6. 2. The above writ petition is filed to declare the action of respondent No.6 in proposing to lay a road in the petitioner’s land admeasuring 216 square yards in survey No.312, Sanjamala Village and Mandal, Nandyal District, without following due procedure as illegal and arbitrary. 3. The petitioner’s case, as per the averments of the writ affidavit, is that the petitioner’s father purchased a house site under an unregistered sale deed, dated 15.04.1982. After the death of the petitioner’s father, the petitioner, along with his two brothers, partitioned the said land and constructed houses to some extent. They kept the remaining extent vacant, which is being used for storage of crops, agricultural machinery and for parking bullock carts, etc. When one G. Naga Prasad and others tried to encroach upon the open space, the petitioner, along with two others, filed O.S.No.118 of 2003 on the file of leaned Junior Civil Judge, Koilakuntla, and the same is pending. While the matter stood thus, respondent No.6 is trying to lay the road in the petitioner’s land. 4. A counter affidavit was filed on behalf of respondent No.6, wherein it was contended that on the Eastern side of the petitioner’s land, there is Grama Kantam land in survey No.304, and the same is in the possession of the Gram Panchayat. A 15 feet road exists from the opposite of Darga to the house of Muraboina Prasad. A resolution dated 18.08.2023 was passed by the Gram Panchayat, to lay CC road on the existing road in survey No.304, and the authorities are not intending to lay the road in the petitioner’s private land. p. 4 SRS,J 5. No rejoinder is filed to the counter filed by respondent No.6, on 08.11.2023. 6. Learned counsel for the petitioner and learned counsel for respondent No.6 reiterated the contentions as per the averments made in the writ affidavit and counter affidavit, respectively. 7. Thus, as seen from the pleadings and other material before this Court, a resolution was passed by the Gram Panchayat to lay CC road in survey No.304, but not in the petitioner’s land in survey No.312. The petitioner has filed the writ petition with an apprehension that the authorities are proposing to lay the road in the petitioner’s subject land. However, the averment in the counter affidavit makes it clear that the authority is not laying a road in the petitioner’s land. The authorities are not interfering with the petitioner’s possession in respect of the land claimed by the petitioner. 8. Given the above facts and circumstances of the case, this writ petition is disposed of directing the respondent authorities not to interfere with the petitioner’s land in survey No.312, Sanjamala, Village and Mandal, Nandyal District, without following due process of law. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 11.02.2026 IKN p. 5 SRS,J THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 28211 of 2023 Date: 11.02.2026 IKN