Andhra Pradesh High Court - Amravati
Gudavalli Venkateswara Rao vs The State Of Ap on 24 September, 2025
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO.10148 OF 2024
ORDER:-
1. This writ petition is filed under Article 226 of the Constitution of India, to issue writ of mandamus, declaring the action of Respondent Nos.3 to 8 who are trying to lay road through agricultural lands without following due process of law and consequently direct the respondents to forthwith stop the illegal activities of Respondent Nos.3 to 8 or any other third party in respect of the agricultural lands of the petitioners.
2. Learned counsel for the petitioners submits that the unofficial respondents / Respondent Nos.3 to 8 are interfering and trying to lay road through it into the agricultural land of the petitioners in an extent of Ac.1-06 cents in Sy.Nos.316/1, 3, 4, 7,8 and Ac.1-00 cents in Sy.No.317/1 in Suradaipet Village, Posinavaripalem Gram Panchayat, Krishna District. Without issuing any notice and without following due process of law, Respondent Nos.3 to 8 have unauthorizedly occupied a portion of the agricultural lands of the petitioners and laid a road, which is contrary to the provisions of The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013.
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3. Whereas, the learned Standing Counsel for Respondent No. 3, Posinavaripalem Gram Panchayat, filed a counter affidavit stating that a 'kaccha road' was existed leading to the Hindu burial ground'. On this kaccha road only, a GSB (Granular Sub-Base) road was laid to the benefit of the public/villagers. Since 1974, villagers have been using this kaccha road to access the Hindu burial ground for performing the final rites of deceased members of the community. The Zilla Parishad issued a sanction order for the formation of the GSB road on 19.12.2023, and the road was completed by 30.01.2024. The petitioners, however, filed the writ petition only after the construction of the road was completed, by suppressing these facts and remaining silent during the road's formation. Furthermore, the learned Standing Counsel submits that the Zilla Parishad merely upgraded the existing kaccha road used by the villagers since 1974, connecting the village habitation to the Hindu burial ground. Importantly, no portion of the petitioners' agricultural land was occupied during laying of GSB road.
4. Having considered the submissions of both counsel and upon perusal of the material on record, it is observed that there is no dispute regarding the ownership and rights of the petitioners over deed scheduled subject lands, which they acquired through registered title 3 NV,J W.P.No.10148 of 2024 deeds. Necessary revenue records have been issued in their favour. As stated in the counter affidavit, a kaccha road has existed since 1974 and has been used by the villagers to access the burial ground was also admitted by both parties. However, it is further asserted by the petitioner that during the construction of the road, the respondents not only converted the existing kaccha road but also occupied and encroached upon a portion of the petitioners' agricultural land. This allegation of encroachment/occupation has neither been admitted nor refuted by the respondents in their counter affidavit.
5. It is a well-settled proposition of law that a public authority cannot interfere with the rightful ownership of private land or lay roads on such land under the guise of public purpose without following due process of law.
6. In the present case, the road was constructed on 30.01.2024, prior to the filing of the writ petition. The contention of the learned counsel for the petitioner that the respondents and the Zilla Parishad have laid the road by not only converting the existing kaccha road but also occupied their land prima facie is not accepted by this Court. Therefore, Respondent No. 2 (District Collector) and the Tahsildar concerned are hereby directed to conduct a survey and demarcate the land in 4 NV,J W.P.No.10148 of 2024 accordance with the provisions of the Survey and Boundaries Act, 1923 in respect of petitioners land and existing Kacha Road. If it is found in the survey that any portion of the petitioners' land had been encroached upon by Respondent Nos.3 to 8 or any third parties, necessary steps shall be taken by the respondents authorities in accordance with law. Further, the petitioners shall be entitled to compensation in accordance with the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in the event of their property was occupied in laying the subject road. Further, Respondent Nos. 2, 3, the Tahsildar, and the Zilla Parishad are further directed to complete the survey, demarcation, and submit a detailed survey report to the petitioners within a period of four months from the date of receipt of a copy of this order.
7. With the above direction, writ petition is disposed of. No costs.
8. Consequently, miscellaneous applications pending if any, shall stand dismissed.
_____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date: 24.09.2025 SP 5 NV,J W.P.No.10148 of 2024 THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.10148 OF 2024 Date: 24.09.2025 W SP