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2026 Supreme(Online)(AP) 22192

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)


2026:APHC:22759


WRIT PETITION NO: 15286/2026


THURSDAY, THE ELEVENTH DAY OF JUNE

TWO THOUSAND AND TWENTY SIX


PRESENT

THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI


Between:

1. AMMISETTY SIVA SHANKARA RAO, S/O. ROSAIAH AGE 67 YEARS,

R/O.D.NO. 26-32, DEVARAYABHOTLAPALEM VILLAGE

VENKATAKRISHNAPURAM PANCHAYATH, PEDDAKAKANI

MANDAL GUNTUR DISTRICT

...PETITIONER

AND

1. THE STATE OF ANDHRA PRADESH, THE STATE OF ANDHRA

PRADESH REP.BY ITS PRINCIPAL SECRETARY PANCHAYAT

DEPARTMENT SECRETARIAT VELAGAPUDI AT AMARAVATHI 522238

2. THE DISTRICT COLLECTOR, GUNTUR DISTRICT AT GUNTUR 522001

3. THE MANDAL TAHASILDAR, PEDDAKAKANI MANDAL AT

PEDDAKAKANI GUNTUR DISTRICT. -522509

4. THE DISTRICT PANCHAYATH OFFICER, GUNTUR DISTRICT AT

GUNTUR-522001

5. THE MANDAL PARISHAD DEVELOPMENT OFFICER, PEDDAKAKANI

MANDAL AT PEDDAKAKANI GUNTUR DISTRICT.-522509

6. THE VENKATAKRISHNAPURAM GRAM PANCHAYAT, REP. BY ITS

PANCHAYATH SECRETARY VENKATAKRISHNAPURAM VILLAGE

PEDDAKAKANI MANDAL GUNTUR DISTRICT. -522509

...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 an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 3 to 6 interfering with the possession and enjoymentof the petitioner house situated in D.No. 26-32 Devaraya bhotlapalem Village Venkatakrishnapuram Panchayath Peddakakani Mandal Guntur District under the guise of laying a road and drainage Canal without issuing any notice and without following the procedure contemplated under law as illegal contrary to law arbitrary against the principles of natural justice contrary to the provisions of the A.P. Panchayat Raj Act and the Rules framed there under and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 and in violation of Article 14 and 300 A of the Constitution of India without jurisdiction and consequently direct the respondents 3 to 6 not to interfere with the possession and enjoyment of the petitioner house situated in D.No. 26-32 Devarayabhotlapalem Village Venkatakrishnapuram Panchayath Peddakakani Mandal Guntur District and to pass such

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 the respondents 3 to 6 not to interfere with the possession and enjoyment of the petitioner house Situated in D.No. 26-32 Devarayabhotlapalem Village Venkatakrishnapuram Panchayath Peddakakani Mandal Guntur District pending disposal of the Writ Petition and to pass such

Counsel for the Petitioner:

1.MARELLA RADHA

Counsel for the Respondent(S):

1.GP FOR PANCHAYAT RAJ RURAL DEV

2.GP FOR REVENUE

The Court made the following:

::ORDER ::

The above writ petition was filed to declare the action of the respondents 3 to 6 in interfering with the possession and enjoyment of the petitioner’s house bearing D.No.26-32 of Devarayabhotlapalem, Venkatakrishnapuram Village, Peddakakani Mandal, Guntur District, without following due procedure of law, as illegal and arbitrary.

2. Heard Smt. Marella Radha, learned counsel for the petitioner, Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj appeared for respondents 1 & 4, Sri M. Chandra Sekhar, learned Assistant Government Pleader for Revenue, appeared for respondents 2 & 3 and Ms. Kavitha, learned counsel representing Sri M. Sudhir, learned Standing Counsel, appeared for respondents 5 & 6.

3. Learned counsel for the petitioner would submit that the petitioner is the absolute owner and possessor of land admeasuring 224 Square yards of Devarayabhotlapalem, Venkatakrishnapuram Village, Peddakakani Mandal, Guntur District. The petitioner constructed a structure on part of the land. The local authority allotted D.No.26-32 to the said structure. The petitioner also constructed a drainage in front of his house to let out water. On 04.06.2026, respondents 3 to 6 visited the premises and took measurements, and directed the petitioner to remove the compound wall. No notice was issued. Hence, the writ petition.

4. Sri M. Chandra Sekhar, learned Assistant Government Pleader for Revenue, appearing for respondents 2 & 3 and Ms. Kavitha, learned counsel representing Sri M. Sudhir, learned Standing Counsel appearing for respondents 5 & 6, on written instructions of the respective authorities, would fairly submit that the respective authorities are not interfering with the aforementioned property.

5. Given the facts and circumstances of the case, keeping the writ petition pending, inviting a counter-affidavit will not serve any purpose. Hence, the Writ Petition is disposed of at the stage of admission with the consent of learned counsel appearing on either side, directing the respondents 3 to 6 not to interfere with the land admeasuring 224 Square ya

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