Date of reserved for orders : Date of pronouncement : 24.06.2026 Date of uploading : APHC010109952018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE 24th DAY OF JUNE 2026 PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 4848/2018 Between: 1. DEVANI SATYANARAYANA, S/O VEERA BADHRARAO, AGED ABOUT 40 YEARS, CULTIVATION, R/O D.NO.1-79( NEW NO. 1-80), GOWDA STREET, IMMIDIVARAPPADU VILLAGE, AMALAPURAM MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, KAKINADA 3. THE DISTRICT PANCHAYAT OFFICER, EAST GODAVARI DISTRICT, KAKINADA 4. THE IMMIDIVARAPPADU GRAM PANCHAYAT, REP BY ITS SECRETARY, IMMIDIVARAPPADU VILLAGE, AMALAPURAM MANDAL, EAST GODAVARI DISTRICT. 2 VS,J W.P.No.4848 of 2018 ...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 to to issue a Writ, order or direction, especially one in the nature of Writ of Mandamus, declaring the action of the respondents, especially 4th respondent in trying to lay drain in petitioner land to an extent of Ac0.06cts approximately, in S.No. 47 and 4,bearing D.No.1-80( Old Door No.1-79 ) Block No.1, Immidivarappadu Village, Amalapuram Mandal, East Godavari District, without issuing any notice, under any Act or acquiring the land under The Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013(Act no. 30 of 2013), is illegal, arbitrary, violation of Principles of Natural Justice, contrary to the provisions of the Andhra Pradesh Panchayat Raj, Act, 1994 and the Rules made there under and Art 300-A of the Constitution of India and consequently desist the respondents from acting highhandedly, illegally and in trying to lay drain in respect of the land stated supra and pass IA NO: 1 OF 2018 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 to direct the 4th respondent not to lay drain in petitioner land to an extent of Ac0.06cts approximately, in S.No. 47 and 4, bearing D.No. 1-80( Old Door No. 1-79 ) Block No.1, Immidivarappadu Village, Amalapuram Mandal, East Godavari District, by interfering in petitioner peaceful possession and enjoyment of the land, pending disposal of the above Writ Petition and pass. Counsel for the Petitioner: 1. T V JAGGI REDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV (AP) 2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: 3 VS,J W.P.No.4848 of 2018 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: “to issue a Writ, order or direction, especially one in the nature of Writ of Mandamus, declaring the action of the respondents, especially 4th respondent in trying to lay drain in petitioner land to an extent of Ac0.06cts approximately, in S.No. 47 and 4,bearing D.No.1-80( Old Door No.1-79 ) Block No.1, Immidivarappadu Village, Amalapuram Mandal, East Godavari District, without issuing any notice, under any Act or acquiring the land under The Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013(Act no. 30 of 2013), is illegal, arbitrary, violation of Principles of Natural Justice, contrary to the provisions of the Andhra Pradesh Panchayat Raj, Act, 1994 and the Rules made there under and Art 300-A of the Constitution of India and consequently desist the respondents from acting highhandedly, illegally and in trying to lay drain in respect of the land stated supra and pass” 2. The petitioner claims to be the owner of agricultural land admeasuring Acs.0.06 cents in S.Nos.47 and 41 of Immidivarappadu village, Amalapuram mandal, East Godavari district and that the same devolved upon the petitioner and his brother ancestrally. Ever since, the petitioner is in possession of the same by constructing a house, which was assessed by the 4th respondent by allotting assessment No.80 and allotting door No.1-80. The petitioner has also purchased the land 4 VS,J W.P.No.4848 of 2018 admeasuring 291 square yards on 21.07.2008, which lies adjacent to the aforementioned property. 3. While the matter stood thus, the 4th respondent officials visited the petitioner’s property on 10.02.2018 and marked the same for laying a drain. Aggrieved by the action of the respondents in trying to lay drain in the petitioner’s property without following due process of law, the present writ petition is filed. 4. When the writ petition came up for admission on 15.02.2018, this Court passed the following order: “Meanwhile, if the private property of the petitioner is sought to be utilized for laying a drainage line without following due process of law, the same shall not be affected for a period of three (3) weeks.” 5. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and learned Standing Counsel for the 4th respondent. 6. During the course of hearing, learned Standing Counsel for respondent No.4 has stated that the officials of respondent No.4 never visited the petitioner’s land and never marked the same for laying a drain. Learned Standing Counsel has further stated that if at all the respondent authorities intend to utilize the petitioner’s property for laying drain, they would follow due process of law. 5 VS,J W.P.No.4848 of 2018 7. Considering the said submission, instead of keeping the writ petition pending, this writ petition is disposed of by directing the respondent authorities not to interfere with the possession of the petitioner over the subject property to an extent of Acs.0.06 cents in S.No.47 and 41, bearing D.No.1-80, Block No.1, Immidivarappadu village, Amalapuram mandal, East Godavari district without following due process of law. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. _____________________ JUSTICE V.SUJATHA 24.06.2026 Gss Whether the order is : Speaking Yes/No / Recorded Yes/No Reportable Yes/No / Non-Reportable Yes/No