APHC010637182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 33116/2025 Between: 1. NANDI MADHU SUDHAN, S/O. LATE N.JALAPATHI CHETTY, AGED ABOUT 60 YEARS, OCC.BUISNESS, R/O.D.NO.1-16, BAZAR STREET, RAYALAPETA VILLAGE, PEDDAPANJANAI MANDAL, CHITTOOR DISTRICT. 2. S.JAGADEESH BABU,, S/O. N.MADHU SUDHAN, AGED ABOUT 31 YEARS, OCC. BUISNESS, R/O. D .N O.1-16, BAZAR STREET, RAYALAPETA VILLAGE, PEDDAPANJANI MANDAL, CHITTOOR DISTRICT. 3. N.RAJESH,, S/O.N.MADHU SUDHAN, AGED ABOUT 29 YEAR, OCC. BUSINESS, R/O. D .N O.1-16, BAZAR STREET, RAYALAPETA VILLAGE, PEDDAPANJANI MANDAL, CHITTOOR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, PANCHAYATRAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR. 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR. 3. THE EXECUTIVE ENGINEER, ROADS AND BUILDINGS, CHITTOOR DISTRICT. 4. THE DEPUTY EXECUTIVE ENGINEER, ROADS AND BUILDINGS, PALAMANER, CHITTOOR DISTRICT. Page 2 of 6 SRS,J W.P.No.33116 of 2025 5. RAYALAPETA VILLAGE GRAM PANCHAYATH, REP. BY ITS SECRETARY, RAYALAPETA VILLAGE, PEDDA PANJANI MANDAL, CHITTOOR DISTRICT. ...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 topleased to issue an appropriate writ order or direction more particularly one in the nature of Writ of M andam us declaring the action respondent N o.3 and 4 in interfering with petitioners possession over the properties situated at D.Nos.1-16, 2-17 and 2-2, in an extant 120.00 S q.Y ard s,164.5 Sq.Yards, and 15.55 Sq.Yards, respectively located at Bazar Street, Rayalapeta Village, Rayalapeta Gramapanchayath, Peddapanjani Mandal, Chittoor District, for the purpose of road widening without adhering to the due process of law as arbitrary, illegal, contrary to the provisions of the Right to Fair Com pensation and Transparency in Land Acquisition, Rehabilitation and Resettlem ent Act, 2013 and well established legal principles, apart from being violative of fundamental and Constitutional Rights guaranteed to the petitioners under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents No.3 and 4 not to interfere with petitioners rights over the shop properties situated at D.Nos. 1-16, 2-17 and 2-2, in an extant 120.00 Sq.Yards, 164.5 Sq.Yards, and 15.55 Sq.Yards, respectively located at Bazar Street, R ayalapeta Village, Rayalapeta Gram apanchayath, Peddapanjani Mandal, Chittoor District, without adhering to the procedure envisaged under the provisions of the Right to Fair Com pensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and pass IA NO: 1 OF 2025 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 No.3 to 5 not to dispossess the petitioners from the properties at D.Nos. 1-16, 2-17 and 2-2, in an extant 120.00 Sq.Yards, 164.5 Sq.Yards, and 15.55 Sq.Yards, respectively located at Bazar Street, Rayalapeta Village, Rayalapeta Gramapanchayath, Peddapanjani Mandal, Chittoor District, without following due process of law pending disposal of the above Writ Petition and pass Page 3 of 6 SRS,J W.P.No.33116 of 2025 Counsel for the Petitioner(S): 1. S PARINEETA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR ROADS BUILDINGS 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: :: ORDER :: Heard Sri A.Manjunath, learned counsel representing Ms.S.Parineeta, learned counsel for the petitioners, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development, Finance and Planning, appeared for respondent Nos.1 and 2, Sri Praveen, learned Assistant Government Pleader for Roads & Buildings appeared for respondent Nos.3 and 4, Sri S.Hruthik, learned counsel representing Sri M.Sudhir, learned Standing Counsel for ZPP, MPP and GPS appeared for respondent No.5. 2. The above writ petition was filed to declare the action of respondent Nos.3 and 4 in interfering with the petitioners' possession over the properties situated at D.Nos.1-16, 2-17 and 2-2 in an extent of 120 sq.yards, 164.5 sq.yards and 15.55 sq.yards, respectively located at Bazar Street, Rayalapeta Village, Rayalapeta Gramapanchayath, Peddapanjani Mandal, Chittoor District, for road widening without adhering to the due process of law as illegal and arbitrary. Page 4 of 6 SRS,J W.P.No.33116 of 2025 3. Sri A. Manjunath, learned counsel representing Ms. S.Parineeta, learned counsel for the petitioners, would submit that the petitioners purchased properties bearing D.Nos. 1-16, 2-17 and 2-2 of Rayalapeta Village, Rayalapeta Gram Panchayat, Peddapanjani Mandal, Chittoor District, admeasuring 120 sq. yards, 164.5 sq. yards and 15.55 sq. yards respectively, by way of registered sale deeds dated 16.08.2021, 05.02.2022 and 22.05.2023 respectively. The petitioners have been in possession and enjoyment of the said properties. It is further submitted that respondents Nos 3 and 5 are interfering with the possession of the petitioners over the said properties for the purpose of widening the road, without adhering to the procedure and process of law. 4. An order of status quo was granted by the coordinate Bench of this Court on 29.11.2025. When the matter is taken up today, Sri Praveen, learned Assistant Government Pleader for Roads & Buildings, submitted instructions of the Executive Engineer, (R&B) Division, Chittoor-3rd respondent, dated 11.12.2025, wherein it is stated as follows: “Further, it is submitted that the department has not laid the road on the petitioners land. Therefore, it is not necessary to acquire the land from the petitioner. Though, the department not laid the road in the petitioners lands, the petitioner filed the WP for seeking direction for not to disturb the possession is not correct. The (R&B) officials never tried to disturb the possession of the petitioners land.” 5. Sri S.Hruthik, learned counsel representing Sri M.Sudhir, learned Standing Counsel for ZPP, MPP and GPS, submitted instructions of Page 5 of 6 SRS,J W.P.No.33116 of 2025 Panchayat Secretary, Rayalapet Grama Panchayat, Peddapanjani Mandal, Chittoor District-5th respondent, wherein it is stated as follows: “It is submitted that this Gram Panchayat is not interfering with petitioners possession over the properties situated at D.Nos.1-16, 2-17 and 2-2 in an extent of 120.00 Sq.yards, 164.5 Sq.yards and 15.55 Sq.yards respectively located at Bazar Street, Rayalapeta Village, Rayalapeta Gramapanchayath, Peddapanjani Mandal, Chittoor District.” 6. In view of the written instructions, and as keeping the writ petition pending would not serve any purpose. As seen from the written instructions, it is evident that respondent Nos. 3 and 5 are not interfering with the peaceful possession and enjoyment of the petitioners over the aforesaid properties. 7. Given the facts and circumstances of the case, the Writ Petition is disposed of, with the consent of all the learned counsel, directing respondents Nos.3 and 5 not to interfere with the peaceful possession and enjoyment of the petitioners with the above-mentioned properties, without following due process of the law. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 30.01.2026 S D P Page 6 of 6 SRS,J W.P.No.33116 of 2025 90 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 33116/2025 Date: 30.01.2026 S D P