Date of reserved for orders : - - - Date of pronouncement : 06.07.2026 Date of uploading : 13.07.2026 APHC010277052026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE 6th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 14571/2026 Between: 1. H NARASIMHAPPA, S/O. LATE H. GANGAPPA, AGED ABOUT 70 YEARS, OCC EX. SARPANCH, R/O. D.NO.7/125, THUMUKUNTA VILLAGE, HINDUPUR MANDAL, SRI SATYA SAI DISTRICT, ERSTWHILE ANANTAPUR DISTRICT - 515201 ...PETITIONER A N D 1. THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT - 522239. 2. THE DISTRICT COLLECTOR, SRI SATYA SAI DISTRICT., AT ERSTWHILE ANANTAPUR DISTRICT - 515134. APARTHI. 3. THE DISTRICT PANCHAYAT OFFICER, SRI SATYA SAI DISTRICT., AT PUTTAPARTHI, ERSTWHILE ANANTAPUR DISTRICT - 515134 4. THE MANDAL PARISHAD DEVELOPMENT OFFICER MPDO, HINDUPUR MANDAL, SRI SRI SATYA DISTRICT, ERSTWHILE ANANTAPUR DISTRICT - 515201. 5. THUMUKUNTA GRAMA PANCHAYAT, THUMUKUNTA VILLAGE, HINDUPUR MANDAL SRI SATYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT - 515201. REP. BY ITS PANCHAYAT SECRETARY. 6. THE ASSISTANT EXECUTIVE ENGINEER, THUMUKUNTA GRAMA PANCHAYAT, THUMUKUNTA VILLAGE, HINDUPUR MANDAL SRI SATYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT - 515201. 7. THE PROJECT DIRECTOR PD, CUM ADDITIONAL DISTRICT COORDINATOR MGNREGS, DISTRICT WATER MANAGEMENT AGENCY (DWMA), SRI SATYA SAI DISTRICT AT PUTTAPARTHI, ERSTWHILE ANANTAPUR DISTRICT - 515134 ...RESPONDENT(S): SRK, J W.P.No.14571 of 2026 2 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 an order, writ or direction more particularly in the nature of Writ of Mandamus under Article 226 of the Constitution of India questioning the action of the respondents in making preparations to form a road from Jabbar Sab House to Ai Madhar Chand Basha Form House in Survey No.45 admeasuring an extent of Ac.7.54 cents of Thumakunta Viliage, Hindupur Mandai, Sri Satya Sai District through MGNREGS to accommodate private persons by mis-utiiizing the funds without considering the objections made by the petitioner orally as well as by way of representation dated 05.05.2026 as illegal, arbitrary and violative of Article 14, 21 of Constitution of India and consequently direct the respondents not to form a road in above property 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 to direct the respondents not to form a road from Jabbar Sab House to Al Madhar Chand Basha Form House in Survey No.45 admeasuring an extent of Ac.7.54 cents of Thumakunta Village, Hindupur Mandal, Sri Satya Sai District through MGNREGS by considering representation dated 05.05.2026 and pass Counsel for the Petitioner: 1. P NARAHARI BABU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Mattegunta Sudhir, Standing Counsel For Z.P.Ps, M.P.Ps, Gram Panchayats The Court made the following: SRK, J W.P.No.14571 of 2026 3 O R D E R Heard the learned counsel for the Writ Petitioner, learned Assistant Government Pleader for Panchayat Raj and Rural Development, representing respondent Nos.1 to 4 and 7, and the learned Standing Counsel for Gram Panchayat, representing respondent Nos.5 and 6. Perused the entire material available on record. With the consent of learned counsel for both sides, this Writ Petition is disposed of, at admission stage. 2. This Writ Petition was filed seeking the following relief: “to issue a Writ or order of direction more particularly one in the nature of Writ of Mandamus, questioning the action of the respondents in making preparations to form a road from Jabbar Sab House to AI Madhar Chand Basha Farm House in Survey No.45, admeasuring an extent of Ac.7.54 cents of Thumakunta village, Hindupur Mandal, Sri Satya Sai District through MGNREGS to accommodate private persons by mis- utilizing the funds without considering the objections made by the petitioner orally as well as by way of representation dated 05.05.2026, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India, and consequently direct the respondents not to form a road in the above property and pass such other order or orders …” 3. Contents of the affidavit filed by the Writ Petitioner, in brief, are that the Writ Petitioner is Ex-Sarpanch of the Village. He has cattle and is dependent on the income derived from cattle breeding. The land in Survey No.45, admeasuring an extent of SRK, J W.P.No.14571 of 2026 4 Ac.7.54 cents of Thumakunta village, Hindupur Mandal, Sri Satya Sai District, is a patta land belongs to several individuals. (b) In the aforesaid survey number, there is no earmarked plan for road in the field map. In fact, there is no need to access the fields of farmers, who had nearly Ac.90.00 cents, and without laying the road, the respondent No.5 accorded permission to form a road through private patta land, to facilitate private individuals for a farm house from Jabbar Sab House to AI Madhar Chand Basha farm house through MGNREGS funds/scheme. The Writ Petitioner approached the authorities of Panchayat Raj and requested not to misutilize the funds under the MGNREGS to form road to facilitate private individuals, and requested to lay existing road from Ramalingappa House to Yetigadda, as there is no proper road; that despite his request, the authorities are proceeding to form road by dumping road material, and having noticed the same, the Writ Petitioner made a representation on 05.05.2026 to the respondent authorities, but they did not consider the objections made by the Writ Petitioner. The respondent No.5, in collusion with private individuals, is laying the road with Government funds under the scheme of MGNREGS, which is nothing but misutilization and misappropriation of funds. Hence, the Writ Petition. SRK, J W.P.No.14571 of 2026 5 4. Learned Standing Counsel for Gram Panchayat, representing respondent No.5, on written instructions, submits that the subject road is situated in Survey No.45, admeasuring to an extent of Ac.7.54 cents in Thumakunta village, Hindupur Mandal, Sri Sathya Sai District, which is classified as Vanka Poramboke land. Learned Standing Counsel further submits that several agricultural lands are surrounded by Survey No.45, the landowners and villagers are facing difficulties in accessing their agricultural lands, due to absence of proper approach road. In view of the aforesaid difficulties, the villagers submitted a representation dated 02.01.2026 seeking formation of a road, and the earlier representation was also submitted to respondent No.4 on 08.12.2025. (b) Learned Standing Counsel further submits that the Gram Panchayat conducted Gram Sabha on 02.01.2026, and after discussion, passed a Resolution dated 05.01.2026 for formation of the road; that the subject road in Survey No.45, admeasuring Ac.7.54 cents in Thumakunta village was formed strictly by following due procedure established under law, and that the road was formed solely for public use and to facilitate access to the surrounding agricultural lands by the villagers and farmers. Learned Standing Counsel concludes that there is no misappropriation or SRK, J W.P.No.14571 of 2026 6 misuse of public funds in connection with the formation of the said road. Hence, it is prayed to dismiss the Writ Petition. 5. Perused the material available on record. 6. It is the contention of learned counsel for the Writ Petitioner that respondent No.5 accorded permission to form a road through private patta land, from Jabbar Sab House to AI Madhar Chand Basha Farm House in Survey No.45 admeasuring an extent of Ac.7.54 cents of Thumakunta village, Hindupur Mandal, Sri Satya Sai District, through MGNREGS Funds/Scheme, to facilitate private individuals, and the said work is worth of Rs.70.00 lakhs, and thereby the respondents are misappropriating and mis-utilizing the funds under the said scheme. 7. Per contra, learned Standing Counsel for Gram Panchayat representing respondent No.5 would contend that several agricultural lands are surrounded by Survey No.45 situated in Thumakunta village and the landowners and villagers have been facing difficulty for access to their respective agricultural lands. Learned Standing Counsel further contends that upon the representations made by the villagers on 08.12.2025 and 02.01.2026, the respondent No.5 conducted Village Meeting on 02.01.2026 and passed resolution on 05.01.2026 for formation of SRK, J W.P.No.14571 of 2026 7 the road, and accordingly formed the subject road in Survey No.45 strictly by following due procedure. 8. A perusal of the contentions of both parties, coupled with the material available on record, goes to show that, by the date of representation dated 05.05.2026 made by Writ Petitioner, though it was averred in the affidavit that the respondents are making preparations to form a road from Jabbar Sab House to AI Madhar Chand Basha Farm House in Survey No.45, according to the learned Standing Counsel, as per the written instructions submitted by 5th respondent, the road in Survey No.45 admeasuring to an extent of Ac.7.54 cents in Thumakunta village was formed by passing a Resolution on 05.01.2026 after conducting Village Meeting on 02.01.2026. Indeed, according to Writ Petitioner, in the Survey No.45, there is no earmarked plan for road in the field map. 9. A perusal of the representation made by the Writ Petitioner goes to show that there is Ac.90.00 cents of agricultural lands belonging to the farmers of Thumakunta village, and there is no proper access to them to reach their respective agricultural lands. The respondents, to accommodate and to facilitate private persons, were alleged to have laid the subject road from Jabbar Sab House to AI Madhar Chand Basha Farm House through the funds available in MGNREGS and thereby, the respondents were SRK, J W.P.No.14571 of 2026 8 alleged to have mis-utilized and misappropriated Rs.70.00 lakhs and caused loss to the Government exchequer. 10. Having regard to the entire facts and circumstances of the case, since the subject road has already been formed in Survey No.45 admeasuring to an extent of Ac.7.54 cents in Thumakunta village, and as it is the specific case of Writ Petitioner that in Survey No.45, there is no plan for road in the field map, the respondent No.3 is directed to pass orders on the representation dated 05.05.2026 made by the Writ Petitioner in accordance with law, within a period of Four (04) weeks from the date of receipt of copy of this Order. 11. With the above direction, Writ Petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous applications pending if any, shall also stand closed. JUSTICE K. SREENIVASA REDDY 6th July, 2026. DNB Whether the Order is: Speaking Reasoned ☑ Reportable Non-reportable ☑