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2026 DAILYLAW 4717 (AP)

NALLI MARY v. THE STATE OF AP

WP/5113/2025 · 2026-06-30

K Sreenivasa Reddy

body2026

Judgment text

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APHC010099412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 1st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 5113 OF 2025 Between: 1. NALLI MARY, W/o N Chittibabu, Aged about 45 years, Home maker, R/o D.No.1-48, Vaddlapalem, Chinthalamori Village, Malkipuram Mandal, Dr.B.R.Ambedkar Konaseema District. ...Petitioner AND 1. THE STATE OF AP, represented by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Guntur District. 2. The District Collector AND District Magistrate, Dr.B.R.Ambedkar Konaseema District, Amalapuram. 3. The District Panchayat Officer, Dr.B.R.Ambedkar Konaseema District, Amalapuram. 4. The Tahsildar, Malkipuram Mandal, Dr.B.R.Ambedkar Konaseema District. 5. The Chinthalamori Gram Panchayat, rep by its Secretary, Chinthalamori Village, Malkipuram Mandal, Dr.B.R.Ambedkar Konaseema District. 6. Rapaka Ramesh, S/o R Kumaraswamy, aged about 42 years, Sarpanch, R/o Chinthalamori, Malkipuram Mandal, Dr.B.R.Ambedkar Konaseema District. 7. Nalli Viswanadham, S/o Baburao, Aged about 40 years, Vadlapalem, R/o Chinthalamori, Malkipuram Mandal, Dr.B.R.Ambedkar Konaseema District 8. Nalli Narasimharao, S/o Veera Brahmam, aged about 35 years, R/o Vadlapalem, R/o Chinthalamori, Malkipuram Mandal, Dr.B.R.Ambedkar Konaseema District. ...Respondents Counsel for the Petitioner: T V JAGGI REDDY Counsel for the Respondents: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondents:GP FOR REVENUE The Court made the following order: Heard the learned counsel for the petitioner and learned Standing Counsel for Gram Panchayat. The present Writ Petition is filed seeking following prayer: “…..to issue a Writ, order or direction, especially one in the nature of Writ of Mandamus, declaring the action of the 4th Respondent and Secretary of the 5th Respondent, in cutting petitioner's coconut trees and trying to lay a road in petitioner's agriculture land to an extent of Ac.0.07.cts out of full extent of Ac.0.45 cts in R.S.No.251-1A, Chinthalamori Village (Sankaraguptham Revenue Village), Malkipuram Mandal, Dr.B.R.Ambedkar Konaseema District, without issuing notice under any Act in vogue, is illegal, arbitrary, violative of Principles of Natural Justice, contrary to the provisions of A.P Panchayat Raj Act, 1994 and the rules made their under and also Arts 14, 21 and 300-A of the Constitution of India and consequently desist the Respondents No.4 AND 5 from interfering with petitioner's possession and enjoyment of the land stated supra and pass…..” 2. Case of the petitioner is that she is the absolute owner of the agriculture land of an extent of Ac.0.07 cents out of full extent of Ac.0.45 cents in R.S.No.251-1A, Chinthalamori Village (Sankaraguptham Revenue Village), Malkipuram Mandal, Dr.B.R. Ambedkar Konaseema District. On 19.02.2025 at 5.00 P.M, the respondent nos.4 & 5, along with their staff, came to her land and started to cut the coconut trees in her land, without issuing prior notice to the petitioner. 3. Learned Standing Counsel for Gram Panchayat has submitted the written instructions furnished by the Panchayat Secretary, Gram Panchayat Office, Chintalamori, Dr.B.R. Ambedkar Konaseema District. Copy of it, is also furnished to the learned counsel for the petitioner. The same is recorded. 4. Relevant portion of the written instructions is extracted hereunder: “2. In this context, the following facts are brought to your notice that; the Grama Panchayat, Chintalamori has not passed any resolution for laying CC road in the petitioner's agriculture land to an extent of Ac.0.07 cts out of full extent of Ac.0.45 cts in R.S. No.251-1A, Chintalamori village (Sankaraguptam Revenue Village) Malikipuram Mandal, Dr.B.R.Ambedkar Konaseema District and no funds sanctioned to form any kind of road at the annexed property. 3. Whereas, there is no proposal of laying of CC road with the Grama Panchayat, Chintalamori of Malikipuram mandal, there is no need of entering in to the petitioner's property by Respondents 4 & 5 and Coconut cutting trees therein. 4. Current Photographs of the locality are herewith submitted for kind perusal and evidence of no interference of the Respondents 4 & 5 and cutting trees are showing. So that, the alleged incidents in the petitioners Affidavit are completely willful allegations. 5. Further to submit that, the respondent 5 Grama Panchayat, Chintalamori represented by its Secretary has no powers to sanction funds or taking decisions unless until the resolution passed by the Grama Panchayat.” 5. Pursuant to the said written instructions, learned the Standing Counsel submits that the respondents 4 and 5 had no need to enter the petitioner’s property and cut coconut trees. Recording the said submission, this Writ Petition is disposed of. No order as to costs. Miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. ________________________________ JUSTICE K. SREENIVASA REDDY Dt: 01.07.2026 JKS Whether the order is: Speaking Reasoned ☑ Reportable Non-reportable ☑ HON'BLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 5113 of 2025 01.07.2026 JKS