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Andhra Pradesh High Court – Amravati
Chanthati Ramanabai vs The State Of Ap on 30 July, 2025
APHC010391562025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3329]
(Special Original Jurisdiction)
WEDNESDAY,THE THIRTIETH DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 19758/2025
Between:
1. CHANTHATI RAMANABAI, W/O LATE LAXMANA RAO, AGED 65
YEARS, OCC CULTIVATION, R/O TULUGU VILLAGE, GARA
MANDAL, SRIKAKULAM DISTRICT.
...PETITIONER
AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT. PANCHAYAT RAJ AND RURAL DEVELOPMENT
DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI,
GUNTUR DISTRICT.
2. MANDAL PARISHAD DEVELOPMENT OFFICER, MANDAL PRAJA
PARISHAD, GARA MANDAL, SRIKAKULAM DISTRICT.
3. TULUGU GRAM PANCHAYAT, REP. BY ITS PANCHAYAT
SECRETARY, TULUGU VILLAGE GARA MANDAL, SRIKAKULAM
DISTRICT.
4. ASSISTANT PROGRAMME OFFICER, MGNREGS, O/O MANDAL
PARISHAD DEVELOPMENT OFFICER MANDAL PRAJA PARISHAD,
GARA MANDAL, SRIKAKULAM DISTRICT.
5. DISTRICT COLLECTOR, SRIKAKULAM DISTRICT.
6. TAHSILDAR, GARA MANDAL, SRIKAKULAM DISTRICT.
7. VILLAGE REVENUE OFFICER, TULUGU VILLAGE, GARA MANDAL,
SRIKAKULAM DISTRICT.
8. VILLAGE SURVEYOR, GRAMA SACHIVALAYAM, TULUGU VILLAGE,
GARA MANDAL SRIKAKULAM 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 topleased to issue a writ, order or direction more particularly one in
the nature of WRIT OF MANDAMUS declaring the action of respondents 2 to
8 in taking steps to dispossess the petitioner from her lands admeasuring
Ac.0.09 cents in Survey No. 161-16, Ac.0.06 cents in Survey No. 161-17,
Ac.0.05 cents in Survey No.161-19 and Ac.0.13 cents in Survey No.161-20,
(LP Number 2670), situated in Tulugu Village of Gara Mandal in Srikakulam
District, for the purpose of laying road under MGNREGS Funds through the
petitioners above said lands, without following due process of law, as illegal,
irregular, irrational, violative of provisions Andhra Pradesh Panchayat Raj Act,
1994 and rules framed there under and offends Articles 14, 21 and 300-A of
Constitution of India and consequently direct the respondents 2 to 8 not to lay
any road through the petitioners above said lands, without following due
process of law and pass
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
pleased to direct the respondents 2 to 8 not to form any road through the
petitioner's lands admeasuring Ac.0.09 cents in Survey No.161-16, Ac.0.06
cents in Survey No.161-17, Ac.0.05 cents in Survey No. 161-19 and Ac.0.13
cents in Survey No. 161-20, (LP Number 2670), situated in Tulugu Village of
Gara Mandal in Srikakulam District, without following due process of law,
pending disposal of the main writ petition and pass
Counsel for the Petitioner:
1. SRINIVAS AMBATI
Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV
2. GP FOR REVENUE
The Court made the following:
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO:19758/2025
ORDER:
The present writ petition is filed under Article 226 of the Constitution of
India seeking following relief:
” to issue a writ, order or direction more particularly one in
the nature of WRIT OF MANDAMUS declaring the action of
respondents 2 to 8 in taking steps to dispossess the petitioner
from her lands admeasuring Ac.0.09 cents in Survey No.161-16
Ac.0.06 cents in Survey No 161-17, Ac.0.05 cents in Survey
No.161-19, and Ac.0.13 cents in Survey No.161-20, (LP Number
2670), situated in Tulugu Village of Gara Mandal in Srikakulam
District, for the purpose of laying road under MGNREGS Funds
through the petitioner’s above said lands, without following due
process of law as illegal, irregular, irrational, violative of
provisions Andhra Pradesh Panchayat Raj Act, 1994 and rules
framed there under and offends Articles 14, 21 and 300-A of
Constitution of India and consequently direct the respondent
Nos.2 to 8 not to lay any road through the petitioner’s above
said lands, without following due process of law and pass such
other order or orders….”
2. Heard learned counsel for the petitioner and learned Government
Pleader for the respondents.
3. Learned counsel for the petitioner submits that the petitioner herein is
the absolute owner and possessor of the lands admeasuring Ac.0.09 cents in
survey No.161-16, Ac.0.06 cents in survey No 161-17, Ac.0.05 cents in survey
No.161-19, and Ac.0.13 cents in survey No.161-20, (LP Number 2670),
situated in Tulugu Village, Gara Mandal, Srikakulam District having acquired
the same through her husband. For which, the then Tahsildar issued pattadar
pass book and title deed and the petitioner’s name was also mutated as
pattadar and possessor in the revenue records. As such, the petitioner has
been in peaceful possession and enjoyment of the said property without there
being any interference or hindrance from any quarter since long time. While
so, to the utter surprise of the petitioner, the respondent Nos. 2, 3, 4, 6 to 8
are trying to lay road under MGNREG scheme through the petitioner’s land
without following due procedure and physically visited the subject property of
the petitioner and taken measurements. Hence, the writ petition.
4. On the other hand, learned Standing Counsel for respondent No.3
furnished written instructions dated 29.07.2025 issued by respondent No.3,
wherein, it is stated that the alleged measurements were taken only for
identification and demarcation of Government property in the subject survey
numbers. As of now, there is no resolution of the Gram Panchayat for laying of
any road under the MGNREG Scheme. It is further stated that as of now, no
works were commenced as alleged by the petitioner.
5. Considering the submissions made by both the learned counsel and on
perusal of the material placed on record along with written instructions dated
29.07.2025, it is clear and categorical that the Gram Panchayat is not taking
any steps as of now for laying any road through the petitioner’s land. It is also
informed that there is no resolution of the Gram Panchayat for formation of
any road through the petitioner’s land under MGNREG Scheme. Moreso, it is
statutory obligation that, if any road to be laid by the Gram Panchayat under
MGNREG Scheme, there shall be a prior approval by way of resolution by the
Grama Sabha for laying such road. But, in the instant case, it is only an
apprehension on part of the petitioner that the Gram panchayat is taking steps
for laying of road through the petitioner’s land since there is no resolution by
the Grama Sabha, as of now.
6. Therefore, if the respondents are taking steps for laying any road
through the petitioner’s land they shall adhere to the due procedure as
contemplated under the MGNREG scheme. Further, it is directed that the land
of the petitioner is required for laying of such road, the respondents shall
follow due process under the provisions of Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
(in short ‘Act 30 of 2013’).
7. With the above directions, the writ petition is disposed of. There shall be
no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in the writ
petition shall stand closed.
________________________________
VENKATESWARLU NIMMAGADDA, J
30.07.2025
BSP
123
THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.19758 of 2025
30.07.2025
BSP
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