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2026 DAILYLAW 3290 (AP)

AMARESAM GOVINDU v. THE STATE OF ANDHRA PRADESH

WP/6593/2026 · 2026-06-14

Ravi Cheemalapati

body2026

Judgment text

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APHC010125592026 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 6593/2026 Between: 1. AMARESAM GOVINDU, S/O. SUBBA RAYUDU, AGED ABOUT 83 YEARS, R/O. IPURU VILLAGE AND MANDAL, PALNADU DISTRICT 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PALNADU DISTRICT, NARASARAOPET. 3. THE EXECUTIVE ENGINEER, ROADS AND BUILDINGS DEPARTMENT, NARASARAOPET DIVISION, NARASARAOPET, PALNADU DISTIRCT. 4. THE DEPUTY EXECUTIVE ENGINEER, ROADS AND BUILDINGS DEPARTMENT, VINUKONDA. 5. THE ASSISTANT ENGINEER, ROADS AND BUILDINGS DEPARTMENT, KAREMPUDI DIVISION, KAREMPUDI. PALNADU DISTRICT. 6. THE TAHSILDAR, IPURU MANDAL, IPURU, PALNADU DISTRICT. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 6593/2026 AMARESAM GOVINDU, S/O. SUBBA RAYUDU, AGED ABOUT 83 YEARS, R/O. IPURU VILLAGE AND MANDAL, PALNADU DISTRICT ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR THE DISTRICT COLLECTOR, PALNADU DISTRICT, THE EXECUTIVE ENGINEER, ROADS AND BUILDINGS DEPARTMENT, NARASARAOPET DIVISION, NARASARAOPET, PALNADU DISTIRCT. UTY EXECUTIVE ENGINEER, ROADS AND BUILDINGS DEPARTMENT, VINUKONDA. THE ASSISTANT ENGINEER, ROADS AND BUILDINGS DEPARTMENT, KAREMPUDI DIVISION, KAREMPUDI. PALNADU THE TAHSILDAR, IPURU MANDAL, IPURU, PALNADU DISTRICT. RC,J W.P.No.6593 of 2026 IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI AMARESAM GOVINDU, S/O. SUBBA RAYUDU, AGED ABOUT 83 YEARS, R/O. IPURU VILLAGE AND MANDAL, PALNADU DISTRICT ...PETITIONER THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR THE DISTRICT COLLECTOR, PALNADU DISTRICT, THE EXECUTIVE ENGINEER, ROADS AND BUILDINGS DEPARTMENT, NARASARAOPET DIVISION, NARASARAOPET, UTY EXECUTIVE ENGINEER, ROADS AND BUILDINGS THE ASSISTANT ENGINEER, ROADS AND BUILDINGS DEPARTMENT, KAREMPUDI DIVISION, KAREMPUDI. PALNADU THE TAHSILDAR, IPURU MANDAL, IPURU, PALNADU DISTRICT. RC,J W.P.No.6593 of 2026 2 7. THE IPURU GRAM PANCHAYAT, REP., BY ITS SECRETARY, IPURU, IPURU MANDAL, PALNADU 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action on the part of the respondents 3 to 7 in resorting to demolish the petitioner building bearing Door No.6A6-36, Assessment No. 1036, situated in D.No.115-2 admeasuring 282.07 Sq. Yards of Ipuru Village and Mandal of Palnadu District., on the pretext of road widening without issuing any notice, opportunity and without acquiring the same by initiating appropriate acquisition proceedings under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and without following the due procedure established by law., as being illegal, arbitrary and unconstitutional and consequently direct the respondents to take up the aforesaid road widening work if any in accordance with the procedure established by law and pass 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 pleased to grant stay of dispossession of the petitioner from his building bearing Door N0.6A6- 36, Assessment No.1036, situated in D.No.115-2 admeasuring 282.07 Sq. Yards of Ipuru Village & Mandal of Palnadu District by demolition or otherwise., and pass Counsel for the Petitioner: 1. G VENKATA REDDY Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR REVENUE RC,J W.P.No.6593 of 2026 3 ORDER This Writ Petition is filed questioning the action of respondent nos. 3 to 7 in resorting to demolish the petitioner’s building bearing Door No.6A6-36, Assessment No.1036, situated in D.No.115-2 , admeasuring 282.07 sq. yards of Ipuru Village & Mandal of Palnadu District, without issuing notice, opportunity and without acquiring the land. 2. Heard Sri G.Venkat Reddy, learned counsel for petitioner, and Sri Venkata Satyanarayana, learned Assistant Government Pleader for Revenue. 3. Sri G.Venkat Reddy, learned counsel for the petitioner, while reiterating the contents of the writ affidavit would contend that the authorities are trying to demolish the house of the petitioner constructed in his private patta land under the guise of widening of road without issuing any notice and without acquiring the land and if the authorities are permitted to succeed in their acts the petitioner’s house would be demolished and he along with his family would be rendered shelterless. Accordingly prayed to allow the writ petition directing the authorities not to interfere with the subject house property of the petitioner. 3. Sri Venkata Satyanarayana, learned Assistant Government Pleader for Revenue, on counter, submitted that the survey conducted by the authorities disclosed that there are several encroachments on the public road RC,J W.P.No.6593 of 2026 4 and the authorities are taking steps to remove the encroachments by following the due process contemplated under law. 4. The grievance of the petitioner is that the respondent authorities are trying to demolish his house property situated in his private patta land without issuing any notice and without acquiring the land. Whereas the learned Assistant Government Pleader submitted that the authorities would take steps for removing encroachments found on the public road only but no structures in the private patta land would be meddled with and further the authorities would remove the encroachments by following the procedure contemplated under law. 5. In view of the same, since the authorities undertook to follow due process of law before removing encroachments found on public road only but not the structures found in the private patta land, this writ petition can be disposed of. 6. Accordingly, the writ petition is disposed of, directing the concerned authorities not to interfere with the subject house property of the petitioner, except under due process of law. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 15th June, 2026. RR RC,J W.P.No.6593 of 2026 5