Andhra Pradesh High Court - Amravati
Pothabathuni Koteswaramma vs The State Of Andhra Pradesh on 17 March, 2026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
(SPECIAL ORIGINAL JURISDICTION)
TUESDAY, THE SEVENTEENTH DAY OF MARCH,
TWO THOUSAND AND TWENTY SIX
iPRESENT:
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 7685 OF 2026
Between:
Pothabathuni Koteswaramma, W/o. Malleswara Rao, Aged 61 years, House-
Wife, R/o.D.No. 13-82, Tangiralavari Veedhi, Bhattiprolu Village, Bhattiprolu
Mandal, Bapatia District.
...Petitioner
AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary, Panchayat
Department, Secretariat, Velagapudi, Amaravathi, Guntur District. -
522237
2. The District Collector, Bapatia Town and District. - 522101
3. The Tahsildar, Bhattiprolu, Bapatia District. 522256
4. The District Panchayat Officer, Bapatia Town and District, -522256
5. The Mandal Parishad Development Officer, Bhattiprolu Village and
Mandal, Bapatia District.-522256
6. The Bhattiprolu Gram Panchayat, Rep. by its Panchayat Secretary,
Bhattiprolu Village and Mandal, Bapatia District. -522256
7. Arepalli Manikya Rao, S/o Nagendram, Aged 60 years. Cultivation,
R/o.H.No.6-127/1, Near Jenda Chettu, Bhattiprolu Village, Bhattiprolu
Mandal, Bapatia District. -522256
...Respondents
Petition under Article 226 of the Constitution of India is filed praying that
in the circumstances stated in the affidavit filed therewith, the High Court may
be pleased to issue a Writ, order dr direction more particularly one in the
nature of Writ of Mandamus by declaring the action, things, deeds of
Respondents in demolishing the northern side Compound Wall As well two
bathrooms and two toilets on the-western side and trying to form a road in the
Petitioner's Property i.e., approximately in an extent of Ac.0.02 cents in
D.No.9-185 of Bhattiprolu Village and Mandal, Bapatia District bounded by
East. Road leading from Bus Stand to Bhattiprolu Village (Gaddar Bridge
Road), North. Joint Canal, West. Site of Arepallli Manikya Rao 7*^ Respondent
herein). South. Site of P. Manmadha Rao, without issuing any notice or
following due process of law by the official Respondents, which is illegal,
irregular, arbitrary, highhanded, un constitutional, against to the Principles of
Natural Justice, contrary to the provisions of A.P.Panchayat Raj Act and its
Rules and in violation of Articles 14, 19, 21 and 300-A of the Constitution of
India, consequently direct the Respondents not to meddle with the land of the
Petitioner's Property i.e., approximately in an extent of Ac.0.02 cents in
D.No.9-185 of Bhattiprolu Village and Mandal, Bapatia District bounded by
East. Road leading from Bus Stand to Bhattiprolu Village (Gaddar Bridge
Road), North. Joint Canal, West. Site of Arepallli Manikya Rao (7*"
Respondent herein). South. Site of P. Manmadha Rao within the specified
measurements, thereby not to form as Road or use the same as a road or
occupy the same, further direct the Respondents to pay damages of
Rs.6,00,000/- for demolishing the Compound Wall as well two bathrooms and
two toilets on the western side;
lA NO: 1 OF 2026:
Petition under Section 151 CPC is filed praying that in the
circumstances stated in the affidavit filed in support of the writ petition, the
High Court may be pleased to direct the Respondents not to form as Road or
use the same as a road or occupy thereby not to interfere with the Petitioner's
Property i.e., approximately in an extent of Ac.0.02 cents in D.No.9-185 of
Bhattiprolu Village and Mandal, Bapatia District bounded by East; Road
leading from Bus Stand to Bhattiprolu Village (Gaddar Bridge Road), North;
Joint Canal, West; Site of Arepallli Manikya Rao (7**^ Respondent herein).
South: Site of P. Manmadha Rao, pending disposal of VyP.No.7685 of 2026,
on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and upon hearing the arguments of Sri
Narasimha Rao Gudiseva, Advocate for the Petitioner and GP for Panchayat
Raj for the Respondent Nos.1 & 4 and GP for Revenue for Respondent Nos.2
& 3 and Sri M.Sudhir, Standing Counsel for Respondent Nos.5 & 6, the Court
made the following:
ORDER:
Learned Assistant Government Pleader for Panchayat Raj takes notice for respondents 1 and 4.
Learned Assistant Government Pleader for Revenue, takes notice for respondents 2 and 3.
Sri M. Sudhir, learned standing counsel takes notice, offers to file vakalat for respondents 5 and 6 and seeks time to file counter.
Learned counsel for the petitioner is permitted to take out personal notice to respondent No.7 through speed post with acknowledgment due and file proof of service.
Heard.
Learned counsel for the petitioner would submit that the petitioner's husband purchased Ac.00-10 cents out of Ac.1-30 cents of land in D.No.9- 185, Bhattiprolu Village and Mandal, Baptatia District, under a registered document bearing No.580 of 1997 dated 05.07.1997. Thereafter, he gifted the property to the petitioner vide gift deed dated 10.07.2009. Subsequently, the petitioner constructed bathroom and toilets on the Northern side of the plot. While so, respondents 3 and 6, without issuing any notice, on 13.03.2026 at 1:00 p.m., demolished a part of the compound wall, bathroom and toilets, constructed in an extent of Ac.00-02 cents. Learned counsel for the petitioner would submit that the respondents are trying to dispossess the petitioner to form a road.
Learned Assistant Government Pleader for Panchayat Raj and learned Assistant Government Pleader for Revenue, seek time to get instructions.
A perusal of a copy of sale deed, dated 05.07.1997 and gift deed, dated 10.07.2009 demonstrate the petitioner's ownership over the subject property.
Given the facts and circumstances of the case, respondents 3, 5 and 6 shall not interfere with the petitioner's possession of Ac.0-02 cents in D.No.1- 985, Bhattiprolu Village and Mandal, Bapatia District, without following due process of law.
SDI- K.TATA RAO Post on 30.03.2026.
DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, State of Andhra Pradesh, Panchayat Department, Secretariat, Velagapudi, Amaravathi, Guntur District. - 522237 (by Special Messenger)
2. The District Collector, Bapatia Town and District. - 522101
3. The Tahsildar, Bhattiprolu, Bapatia District. 522256
4. The District Panchayat Officer, Bapatia Town and District, -522256
5. The Mandal Parishad Development Officer, Bhattiprolu Village and Mandal, Bapatia District.-522256
6. The Panchayat Secretary, Bhattiprolu Gram Panchayat, Bhattiprolu Village and Mandal, Bapatia District. -522256
7. Arepalli Manikya Rao, S/o Nagendram, R/o.H.No.6-127/1, Near Jenda Chettu, Bhattiprolu Village, Bhattiprolu Mandal, Bapatia District. - 522256 (Addressee Nos.2 to 7 by RPAD)
8. One CC to Sri. Narasimha Rao Gudiseva, Advocate [OPUC]
9. Two CCs to GP for Panchayat Raj, High Court of Andhra Pradesh.
[OUT] lO.Two CCs to GP for Revenue, High Court of AP [OUT]
11.One CC to Sri M.Sudhir, Standing Counsel [OPUC]
12.One spare copy •J-r. ;
HIGH COURT SRS,J DATED: 17/03/2026 POST ON 30.03.2026 ORDER WP.No.7685 of 2026 DIRECTION