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2026 DAILYLAW 4699 (AP)

P AJITH KUMAR v. THE STATE OF ANDHRA PRADESH

WP/16980/2026 · 2026-06-30

K Sreenivasa Reddy

body2026

Judgment text

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::1:: Date of pronouncement : 01.07.2026 Date of uploading : 10.07.2026 APHC010323442026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] WEDNESDAY, THE 1st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 16980/2026 Between: 1. P AJITH KUMAR, S/O.CHANDRASEKHAR, AGED ABOUT 52 YEARS, R/O. D.NO.8-1234 DAGADARTHI RURAL, DAGADARTHI MANDAL, SPSR NELLORE DISTRICT. 2. AMULURU SRI KRISHNA,, S/O. A. RAMANAIAH, AGED ABOUT 62 YEARS, R/O.D.NO.1-50, PATHURU, DAGADARTHI MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. REP. BY ITS PRINCIPAL SECRETARY. 2. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE. 3. THE DISTRICT PANCHAYAT OFFICER, SPSR NELLORE DISTRICT, NELLORE. 4. THE TAHSILDAR, DAGADARTHI MANDAL, DAGADARTHI, SPSR NELLORE DISTRICT. 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER, ::2:: DAGADARTHI MANDAL, SPSR NELLORE DISTRICT. 6. THE DAGADARTHI GRAM PANCHAYAT, DAGADARTHI VILLAGE AND MANDAL, SPSR NELLORE DISTRICT, REP. BY ITS SECRETARY. 7. THE DEPUTY EXECUTIVE ENGINEER, PANCHAYAT RAJ DEPARTMENT, KAVALI, SPSR NELLORE 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 of mandamus or any other appropriate writ or direction declaring the action of the respondents in trying to lay the road highhandedly in the petitioners private patta land in an extent of Ac.0.34 cents in Sy.No.319 situated at Dagadarthi Village and Mandal, SPSR Nellore District as illegal, arbitrary, one without jurisdiction and violation of Article 300-A of the Constitution of India and consequently direct respondent No.3 not to lay the road in the petitioners private patta land in an extent of Ac.0.34 cents in Sy.No.319 situated at Dagadarthi Village and Mandal, SPSR Nellore District 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 may be pleased to direct respondent No.3 not to lay the road in the petitioners private patta land in an extent of Ac.0.34 cents in Sy.No.319 situated at Dagadarthi Village and Mandal, SPSR Nellore District, during pendency of the Writ petition and pass Counsel for the Petitioner(S): 1. C SUBODH Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE ::3:: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY W.P.NO.16980 OF 2026 This Court made the following ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents in trying to lay the road highhandedly in the petitioners’ private patta land in an extent of Ac.0.34 cents in Sy.No.319 situated at Dagadarthi Village and Mandal, SPSR Nellore District as illegal, arbitrary, one without jurisdiction and violation of Article 300-A of the Constitution of India and consequently direct respondent No.3 not to lay the road in the petitioners private patta land in an extent of Ac.0.34 cents in Sy.No.319 situated at Dagadarthi Village and Mandal, SPSR Nellore District and pass” 2. It is the case of petitioners that father of 1st petitioner has an extent of Ac.0.17 cents in Sy.No.319 situated at Dagadarthi Village, Dagadarthi Mandal, SPSR Nellore District. The said land was devolved upon him vide Partition Deed bearing Document No.1565/1957. He executed a settlement deed in favour of 1st petitioner herein to an extent of Ac.0.17 cents in Sy. No.319 vide Settlement Deed bearing Document No.213 of 2009, dated 07.02.2009. To the western side of the land belonging to 1st petitioner and one P. Chandrasekhar, there exists a path of width 3 links. ::4:: In the land purchased by 1st petitioner herein, he constructed a house by leaving 11 links for his private house. 3. While the matter stood thus, 4th Respondent herein submitted a report in Rc.B.116/2026, dated 10.06.2026 to the Station House Officer, Dagadarthi stating that as per the report given by the Mandal Deputy Surveyor, the Revenue Officer, Dagadarthi, the Village Surveyor, Dagadarthi and the Panchayat Secretary – 6th Respondent herein, the land to an extent of Ac.0.04 cents in Sy.No.319 was being used as a way from village main road, and it is being used as a Joint Path. 4. Learned counsel appearing on behalf of the petitioners submits that the respondent-police threatened to the petitioners not to use their private land in Sy.No.319 for parking vehicles and other purposes. In connection with the same, learned counsel appearing on behalf of the petitioners submits that the petitioners possessed to an extent of Ac.0.34 cents in Sy.No.319 which is according to them is their private land. He also requested that the some portion of their land in Sy.No.319 is left for the way to main road and requested the authorities not to proceed with the laying of the cement road in the private land in Sy.No.319 in an extent of Ac.0.34 cents. But without considering the said request, the respondents threatened the petitioners to vacate land immediately as they are going to lay the 20 Ft road. ::5:: 5. Today, when the matter is came up for hearing, learned Standing Counsel for Respondent Nos.5 and 6, on written instructions, submitted that the Gram Panchayat did not pass any resolution in respect of laying of road in the petitioners’ private land as alleged by the petitioners and further emphasized that the respondent authorities have never issued any notice and never asked the petitioners to vacate their private land for the purpose of laying of road as alleged by the petitioners. 6. Recording the said submissions made by learned Standing Counsel, the Writ Petition is disposed of. In any case, if the respondent authorities intend to lay road in the property belonging to the petitioners, the respondent authorities are directed to follow due process in accordance with law. No costs. , As a sequel, interlocutory applications if any pending shall stand closed. _______________________ K. SREENIVASA REDDY,J DT: 01.07.2026 krk Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No ::6:: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY 45 W.P.NO.16980 OF 2026 Krk DT: 01.07.2026