APHC010208582023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]

(Special Original Jurisdiction)

TUESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 10807/2023 Between:

1. M ERLA SURYA BRAMARA, D/O MERLA SIVA RAMA PRASAD, HINDU, AGED 24 YEARS, DOOR NO. 1-61, RAYAVARAM VILLAGE, RAYAVARAM MANDAL, EAST GODAVARI DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP BY ITS PRL. SECRETARY, PANCHAYATHRAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

2. D ISTRICT PANCHAYATH OFFICER, KAKINADA, EAST GODAVARI DISTRICT.

3. V ELANGI GRAM PANCHAYATH, REP. BY ITS PANCHAYATH SECRETARY, VELANGI. EAST GODAVARI 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 to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in proposing to construct shops and other constructions in the road margin existing between the property of Petitioner bearing D.no.9-30 (old d.no.9-26) in an extent of Ac.0-27 cents equalsto1306 sq.yds in Sy.no.82 of Kakinada - Ravulapalem public road existing on the northern side, Velangi Village 86-Gram Panchayath, Karapa Mandal, East Godavari District, which will obstruct the passage from the Petitioner's land to the Kakinada - Ravulapalem public road, as highly arbitrary, unlawful, illegal, completely to the detriment of Petitioner's right of passage in violation of the Fundamental Rights of the Petitioner guaranteed under Art.300-A of the Constitution of India, and Rules made there under, by consequently directing the Respondents not to make any constructions of any type in the road- margin on the northern side of the above mentioned Petitioner's property, and pass IA NO: 1 OF 2023 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 Grant Interim Orders of Direction directing the Respondent no.3 not to make any constructions of any type in the road margin existing between the property of Petitioner bearing D.no.9-30 (old d.no.9-26) in an extent of Ac.O-27 cents = 1306 sq.yds in Sy.no.82 of Kakinada - Ravulapalem public road existing on the northern side, Velangi Village 86 Gram Panchayath, Karapa Mandal, East Godavari District, until further orders of this Hon'ble Court, pending disposal of Writ Petition and pass Counsel for the Petitioner:

1. P RAJESH BABU Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT)

The Court made the following:

::ORDER ::

The above writ petition was filed to declare the action of respondent No.3 in proposing to construct shops in the road margin existing between the petitioners' land in Sy.No.82 of an extent of Ac.0.27 cents of Kakinada to Ravulapalem public road situated on the Northern side, Velangi Village, Karapa Mandal, East Godavari District, as illegal and arbitrary.

2. Heard Sri P. Rajesh Babu, learned counsel for the petitioner, and Sri P. Rajesh Kumar, learned Assistant Government Pleader for respondents 1 & 2, and Sri Y. Koteswara Rao, learned Standing Counsel, appeared for respondent No.3.

3. Learned counsel for the petitioners would submit that the petitioner got the property of an extent of Ac.0.27 cents in Sy.No.82 of Velangi Village, by virtue of a registered Gift Deed dated 25.05.2022. The petitioner has been in possession and enjoyment of the said property. The petitioner’s property is located in the North-East corner, and two roads pass. Respondents 2 & 3 intend to construct a structure in the road margin in Sy.No.81 of an extent of Ac.0.24 cents.

4. Learned Standing Counsel submitted the written instructions of respondent No.3. As seen from the instructions, the petitioner owns land