APHC010403822021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]

(Special Original Jurisdiction)

SATURDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 24801/2021 Between:

1. C HENNURU KRISHNA REDDY, S/O. SUBBARAMI REDDY, AGED 48 YEARS, OCC. AGRICULTURE, R/O. ALTHURTHI VILLAGE PODHALAKURU MANDAL, SPSR NELLORE DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2. T HE REVENUE DIVISIONAL OFFICER, NELLORE REVENUE DIVISION, NELLORE, SPSR NELLORE DISTRICT.

3. T HE TAHSILDAR, PODHALAKURU MANDAL, PODHALAKURU, SPSR NELLORE DISTRICT.

4. A LTHURTHI GRAMAPANCHAYAT, REP. BY ITS SECRETARY, ALTHURTHI VILLAGE, PODHALAKURU MANDAL, GUNTUR DISTRICT.

5. M R M SRINIVASA REDDY, S/O. LATE M. DASARADHA RAMIREDDY, AGED ABOUT 60 YEARS, OCC. DOCTOR, R/O. D.NO. 24/6/388 (OLD NO.24/2-708), RAJAGOPALAPURAM, 2ND STREET, DARGAMITTA, NELLORE, SPSR NELLORE DISTRICT - 524 003.

...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 in the nature of 'Writ of Mandamus' declaring that the land to an extent of Ac.0-21 cents in Sy.No.274 of Althurthi Village and Grampanchayat, Podhalakuru Mandal, SPSR Nellore District, belongs to and vested with Althurthi Grampanchayat, being a public Road cannot be converted as private land by the Tahsildar, Podhalkuru Mandal, SPSR Nellore District, and consequently direct the Althurthi Gramapanchayat, the respondent No.4 herein, to take all reasonable steps to protect the said road from any encroachment and maintain the same in proper condition, and to pass IA NO: 1 OF 2021 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 Tahsildar, Podhalakuru Mandal, SPSR Nellore District, the respondent No.3 herein, not to convert the road to an extent of Ac.O-21 cents in Sy.No.274 of Althurthi Village, Podhalakuru Mandal, SPSR Nellore District as a private land, pending disposal of the main writ petition, and pass IA NO: 1 OF 2022 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 vacate the interim order / granted on 28.10.2021 in I.A.No.1 of 2021 in W.P.No.24801 of 2021.

IA NO: 2 OF 2022 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 vacate the interim order granted on 28-10-2021 in I.A.No.1 of 2021 in W.P.No.24801 of 2021 and IA NO: 1 OF 2025 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 leave to the Petitioner/ respondent No.4 to file the counter affidavit and pass Counsel for the Petitioner:

1. T LAKSHMI NARAYANA Counsel for the Respondent(S):

1. GP FOR REVENUE

2. GP FOR PANCHAYAT RAJ RURAL DEV

3. CH C KRISHNA REDDY

4. Mattegunta Sudhir, Standing Counsel For Z.P.Ps, M.P.Ps, Gram Panchayats Date on which order was reserved : 25.02.2026 Date on which order is pronounced : 07.03.2026 Date on which the order is uploaded : 07.03.2026 The Court made the following:

ORDER

Heard Sri T.Lakshmi Narayana, learned counsel for the petitioner, Sri Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj & Rural Development, Ms.Usha, learned Assistant Government Pleader for Revenue for respondents 2 & 3, Ms.Kranthi, learned counsel representing Sri M.Sudhir, learned standing counsel for 4^th respondent and Sri Ch.C.Krishna Reddy, learned counsel for the 5^th respondent.

2. a) Averments in the affidavit, in br