APHC010680042025 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: 35867/2025 Between: 1. ALLURI VASAVI,, W/O. VENKATA RAMARAJU, AGED 53 YEARS, OCC- HOUSE WIFE, R/O. FLAT NO. 301, SESHA SAI MANSION APARTMENT, ROAD NO. 13, OPP KAVITHA MESS/AK PLAZA SANTHI NAGAR, GANDHI NAGAR, ELURU, ELURU DISTRICT. - 534007 2. NANDYALA SYAM SRI PAVAN SAI,, S/O. SATYANARAYANA MURTHY, AGED 25 YEARS, OCC- AGRICULTURE, R/O.D.NO. 2- 169, NEAR DCCB BANK GODOWN, AJJAMURU VILLAGE, AKIVIDU MANDAL, WEST GODAVARI DISTRICT. 534235 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATI, GUNTUR DISTRICT. - 522238 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, BHIMAVARAM. - 534201 3. THE DISTRICT GRAMAPANCHAYAT OFFICER, WEST GODAVARI DISTRICT, BHIMAVARAM. - 534201 4. THE REVENUE DIVISIONAL OFFICER, BHIMAVARAM DIVISION, BHIMAVARAM, WEST GODAVARI DISTRICT. - 534201 Page 2 of 6 SRS,J W.P.No.35867 of 2025 5. THE DIVISIONAL PANCHAYAT OFFICER, BHIMAVARAM DIVISION, BHIMAVARAM, WEST GODAVARI DISTRICT. - 534201 6. SUPERINTENDING ENGINEER, PANCHAYAT RAJ CIRCLE, ELURU, ELURU DISTRICT. 534001 7. EXECUTIVE ENGINEER, PANCHAYAT RAJ (PRI) DIVISION, NARASAPUR, WEST GODAVARI DISTRICT.- 534275 8. THE TAHSILDAR, KALLA MANDAL, WEST GODAVARI DISTRICT. – 534237 9. MANDAL PARISHAND DEVELOPMENT OFFICER, (MPDO) KALLA MANDAL, WEST GODAVARI DISTRICT. - 534237 10. THE DEPUTY MANDAL PARISHAND DEVELOPMENT OFFICER, (FORMERLY EXTENSION OFFICER) (PR AND RD) KALLA MANDAL, WEST GODAVARI DISTRICT. - 534237 11. THE GRAM PANCHAYATPEDAAMIRAM, REPRESENTED BY ITS SECRETARY, PEDA AMIRAM VILLAGE, KALLA MANDAL, WEST GODAVARI DISTRICT. 534202 ...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 a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents intaking steps to lay road in and across the Petitioners house sites and attempting to demolish compound wall of the 1st Petitioners house site in Sy.No.446/3, Plot No. 9 to an extent of 244-44 Square Yards situated at PedaAmiram Village, Kalla Mandal, West Godavari District and 2nd Petitioners house site in Sy.No.446/3, Plot No. 5 to an extent of 222-22 Square Yards situated at PedaAmiram Village, Kalla Mandal, West Godavari District without giving any notice and without following due process of law and without initiating land acquisition proceedings under Act 30 of 2013 and also taking steps to construct Sachivalayam building in the common site reserved for Community, Children Playground and Park as illegal, arbitrary and violative of principles of natural justice and apart from Panchayat Raj laws and consequently direct the respondents not to take up demolition of compound wall and not to form/lay any road in the Petitioners land without initiating land acquisition proceedings and pass Page 3 of 6 SRS,J W.P.No.35867 of 2025 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 not to disturb the possession and enjoyment of thel®* Petitioner’ house site in Sy.No.446/3, Plot No. 9 to an extent of 244-44 Square Yards situated at PedaAmiram Village, Kalla Mandal, West Godavari District and 2 Petitioner’s house site in Sy.No.446/3, Plot No. 5 to an extent of 222-22 Square Yards situated at PedaAmiram Village, Kalla Mandal, West Godavari nd District in any manner including the demolition and laying road in the said land and pass Counsel for the Petitioner(S): 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: :: ORDER :: Heard Sri Rambabu Koppineedi, 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, 2, 3, 5, 6 and 7, Sri Sanjeeva Rao, learned Assistant Public Prosecutor for Revenue, appeared for respondent No.4, Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel, appeared for respondent Nos.9, 10 and 11. 2. The above writ petition was filed to declare the action of respondents in taking steps to lay road in an across the petitioners house sites and attempting to demolish compound wall of the 1st petitioner’s house site in Page 4 of 6 SRS,J W.P.No.35867 of 2025 Sy.No.446/3, Plot No.9 admeasuring 244-44 sq.yards situated at Pedamiram Village, Kalla Mandal, West Godavari District and 2nd petitioner’s house site in Sy.No.446/3, Plot No.5 admeasuring 333-22 sq.yards situated at Pedamiram Village, Kalla Mandal, West Godavari District without issuing any notice and without following due process of law, as illegal and arbitrary. 3. Sri Rambabu Koppineedi, learned counsel for the petitioners, would submit that petitioner No.1 purchased Plot No.9 under a registered sale deed dated 29.08.2005. The father of petitioner No.2 purchased Plot No.5 under a registered sale deed dated 08.06.2005, and thereafter, petitioner No.2 acquired the said property by virtue of a registered partition deed dated 13.07.2021 under Ex.P2. The petitioners have been in possession and enjoyment of their respective plots. Be that as it may, respondent Nos. 7 and 9 to 11 attempted to demolish the compound wall in order to lay the road, without adhering to the due process of law. 4. An order of status quo was granted by the coordinate Bench of this Court on 05.01.2026. 5. Today, when the matter is taken up, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development, Finance and Planning, submitted instructions of the Executive Engineer, PR PIU Division, Bhimavaram-7th respondent, dated 29.12.2025, wherein it is stated as follows: “Submitted that, in the ref 2nd cited, The Deputy Executive Engineer, PRI Sub Division, Akividu has submitted that there is no Page 5 of 6 SRS,J W.P.No.35867 of 2025 proposal/sanction of CC Road at petitioners house site and laying of road through their sites does not arise. Also stated that the Grama Sachivalayam Building was already constructed in the site allotted by the Grama Panchayat, Pedamiram (V) of Kalla (M) as it was also functioning wef Dt:05.03.2024.” 5. Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel, submitted instructions of the 11th respondent, dated 23.12.2025. On perusal of the written instructions of the 11th respondent that the petitioners' plots are non-layout plots, open space and common sites were not earmarked. 6. In view of the written instructions, keeping the writ petition pending would not serve any purpose. As seen from the written instructions, it is evident that authorities are not interfering with the possession and enjoyment of the petitioners over the subject plots. 7. Given the facts and circumstances of the case, the Writ Petition is disposed of, with the consent of all the learned counsel, directing the respondent 7, 9 to 11 not to interfere with the peaceful possession and enjoyment of the petitioners with the above subject 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.35867 of 2025 102 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 35867/2025 Date: 30.01.2026 S D P