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2026 DAILYLAW 4610 (AP)

Kasireddy Subba Narasamma, v. The State of Andhra Pradesh,

WP/7039/2026 · 2026-07-02

K Sreenivasa Reddy

body2026

Judgment text

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Date of reserved for orders : Date of pronouncement : 03.07.2026 Date of uploading : APHC010133572026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] FRIDAY, THE 3rd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION NO: 7039/2026 Between: 1. KASIREDDY SUBBA NARASAMMA,, W/O. VENKATA REDDY, AGED 62 YEARS, OCC CULTIVATION, R/O. NADIMPALLI VILLAGE, PENAGALURU- MANDAL, TIRUPATI DISTRICT, ERSTWHILE KADAPA DISTRICT. 2. MUDDA SUJAYA,, D/O. MUDDA SUBBA REDDY, AGED 28 YEARS, OCC CULTIVATION, R/O. RAJAMPETA TOWN AND MANDAT, KADAPA- DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 522237 2. THE DISTRICT COLLECTOR PANCHAYAT WING, TIRUPATI DISTRICT AT TIRUPATI. 517501 3. THE DISTRICT PANCHAYAT OFFICER, TIRUPATI DISTRICT AT TIRUPATI. 517501 4. THE TAHSILDAR, PULLAMPETA MANDAL, TIRUPATI DISTRICT, ERSTWHILE KADAPA DISTRICT. 516107 2 SRK, J WP.No.7039 of 2026 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER MPDO, PULLAMPETA MANDAL, TIRUPATI DISTRICT, ERSTWHILE KADAPA DISTRICT. 516107 6. THE ANANTHASAMUDHRAM GRAMA PANCHAYAT, REP. BY ITS EXECUTIVE AUTHORITY-CUM-PANCHAYAT SECRETARY, PULLAMPETA- MANDAL, TIRUPATI DISTRICT, ERSTWHILE KADAPA DISTRICT. 516107 7. MUDDA SUBBA REDDY, S/O. GANGI REDDY, AGED ABOUT 75 YEARS, OCC CULTIVATION, R/O. ANANTHASAMUDRAM VILLAGE, PULLAMPETA MANDAL, TIRUPATI DISTRICT. 8. MUDDA VAMSI KRISHNA REDDY, S/O. PITCHI REDDY, AGED ABOUT 33 YEARS, OCC CULTIVATION, R/O. ANANTHASAMUDRAM VILLAGE, PULLAMPETA MANDAL, TIRUPATI DISTRICT. RR 7 AND 8 ARE IMPLEADED AS PER COURTS ORDER DT. 22.04.2026 IN I.A.NO.2 OF 2026 AND I.A.NO.3 OF 2026. ...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 issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents specifically Respondent Nos. 4 to 6 in contemplating to form a Gravel Road through Petitioners agricultural landed properties admeasuring Ac. 1.73 Cents and Ac. 1.30 Cents respectively covered by Sy. Nos. 352 and 351/1 of Ananthasamudhram Village, Pullampeta Mandal, Tirupati District, Erstwhile Kadapa District, without initiating any acquisition proceedings, as illegal, irregular, irrational, and violative of provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and its governing Rules and offends Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Respondents specifically Respondent Nos. 4 to 6 not to interfere with the Petitioners peaceful possession and enjoyment over their said land nor form any Road thereon and pass such IA NO: 1 OF 2026 3 SRK, J WP.No.7039 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 may be pleased to direct the Respondents specifically Respondent Nos. 4 to 6 not to form any Road over Petitioners’ exclusive landed property admeasuring Ac. 1.73 Cents and Ac. 1.30 Cents respectively covered by Sy. Nos. 352 and 351/1 of Ananthasamudhram Village, Pullampeta Mandal, Tirupati District, Erstwhile Kadapa District, pending disposal of the main Writ Petition and pass such IA NO: 2 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 May be pleased to implead the Petitioner/ proposed Respondent No.7 herein as the Respondent No. 7 in the above W.P. 7039 of 2026 and pass IA NO: 3 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 May be pleased to implead the Petitioner/ proposed Respondent herein as the Respondent in the above W.P. 7039 of 2026 and pass Counsel for the Petitioner(S): 1. PALA KARTHI KIRAN Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. SREENIVAS PADALA 4. P RAMABHOOPAL REDDY 5. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: 4 SRK, J WP.No.7039 of 2026 O R D E R This Writ Petition is filed seeking the following relief: “….to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents specifically Respondent Nos. 4 to 6 in contemplating to form a Gravel Road through Petitioners’ agricultural landed properties admeasuring Ac.1.73 Cents and Ac.1.30 Cents respectively covered by Sy. Nos. 352 and 351/1 of Ananthasamudhram Village, Pullampeta Mandal, Tirupati District, Erstwhile Kadapa District, without initiating any acquisition proceedings, as illegal, irregular, irrational, and violative of provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and its governing Rules and offends Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Respondents specifically Respondent Nos. 4 to 6 not to interfere with the Petitioners peaceful possession and enjoyment over their said land nor form any Road thereon and pass such other order…” 2. Heard learned counsel for the petitioners, the learned Assistant Government Pleader for Panchayat Raj, the learned Standing Counsel for Gram Panchayat and the learned counsel for the Respondent Nos.7 and 8. 3. Learned counsel for the petitioners submits that the proposed gravel road is being laid without initiating acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ("the Act, 2013") and the Rules framed thereunder. He submits that the 1st petitioner is the absolute owner and possessor of agricultural land admeasuring Ac.1.30 cents in Sy.No.351/1, and that the 1st and 2nd petitioners are the absolute owners and possessors of agricultural lands admeasuring Ac.1.70 cents and Ac.1.73 cents, respectively, in Sy.No.352 of Ananthasamudhram Village, Pullampeta Mandal, Tirupati District. It is further submitted that Respondent Nos.4 to 6 visited the petitioners' lands and orally insisted that they surrender a portion thereof for 5 SRK, J WP.No.7039 of 2026 formation of a gravel road leading to various agricultural fields. Upon the petitioners objecting, the respondent authorities failed to produce any proposal or proceedings authorizing the laying of the road. 4. Learned counsel for Respondent Nos.7 and 8, who were impleaded pursuant to the order dated 22.04.2026 in I.A. Nos.02 and 03 of 2026, submits that they have no objection to the laying of the road, as an existing road already passes through their lands. He further submits that, if the road is laid, they are entitled to compensation in accordance with the Act, 2013. 5. Learned counsel for the petitioners, however, reiterates that no existing road passes through the petitioners' lands. 6. On the other hand, learned Standing Counsel for the Gram Panchayat submits that there is no proposal to lay a gravel road through the petitioners' lands. The written instructions placed before the Court also categorically state that the Gram Panchayat has no proposal to lay a gravel road in Sy.Nos.351/1 and 352 of Ananthasamudhram Village, Pullampeta Mandal, Tirupati District, and that no gravel road has been formed in the said survey numbers under any funding source. 7. Recording the said submission, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. _____________________________ JUSTICE K. SREENIVASA REDDY Date: 03.07.2026. MS Whether the order is: Speaking ☑ Reasoned Reportable Non-reportable ☑ 6 SRK, J WP.No.7039 of 2026 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No:7039 of 2026 Date: 03.07.2026 MS