SYED ASIF v. THE STATE OF ANDHRA PRADESH

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 the action of respondents more particularly respondents 4 and 5 in deciding to construct shopping complex on road margin between Panchayat Road leading from Pedda Nagulavaram to Nikarampalli thereby blocking petitioners ingress and egress to their plots No. 89, 90, 91 to 99, 154, 155, 156, 157, 158, 159, 160,161, 162 and 163 respectively covered by Sy.No.153/1, 153/2 and 153/3 situated at Pedda Nagulagavaram Revenue Village of Markapur Mandal in Markapur District, in contravention of law laid down by the full bench of this Honble High Court in Sataraboyina Someswara Rao, Vs. Sangasetti Tirupathamma reported in 1989 (1) ALT 36 and without following any known procedure established by law, as illegal, irregular, irrational, without any authority and violative of provisions of Andhra Pradesh Panchayat Raj Act, 1994 and offends Articles 14, 21 and 300- A of Constitution of India and consequently direct the respondents not to construct any shopping complex on said road margin site nor block petitioners passage and pass s 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 to direct the respondents not to construct shopping complex on road margin between Panchayat road leading from Pedda Nagulavaram to Nikarampalli thereby blocking petitioners ingress and egress to their plots No. 89, 90, 91 to 99, 154, 155, 156, 157, 158, 159, 160,161, 162 and 163 respectively covered by Sy.No.153/1, 153/2 and 153/3 situated at Pedda Nagulagavaram Revenue Village of Markapur Mandal in Markapur District, nor block petitioners’ passage, there along, pending disposal of the main Writ Petition and pass Counsel for the Petitioner(S):

1. SITA RAM CHAPARLA Counsel for the Respondent(S):

GP FOR PANCHAYAT RAJ RURAL DEV

Mattegunta Sudhir, Standing Counsel For Z.P.Ps, M.P.Ps, Gram Panchayats The Court made the following order: Heard Sri Sita Ram Chaparla, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents 1 to 3, Sri Hruthik, learned counsel representing Sri M.Sudhir, learned Standing counsel for the 4th respondent, and Ms. Usha, learned Assistant Government Pleader for Revenue for the 5th respondent.

2. The above writ petition was filed to declare the action of the 4th respondent in intending to construct a shopping complex on the road margin in Sy.Nos.153/1, 153/2 and 153/3, Pedda Nagulagavaram Revenue Village, Markapur Mandal and District, as illegal and arbitrary.

Learned counsel for the petitioners would submit that the petitioners are the absolute owners and possessors of plots in Sy.Nos.153/1, 153/2 and 153/3, and that the 4th respondent is proposing to construct a shopping complex in the road margin between their plots and the road, contrary to the laid down Tirupathamma1. in Sataraboyina Someswara Rao vs. Sangasetti Sri Hruthik, learned counsel representing Sri M.Sudhir,

learned Standing counsel for the 4th respondent, submitted the written instructions of the Panchayat Development Officer of the 4th respondent dated 25.04.2026. The relevant portion of the instructions reads as follows:

It is submitted that the Sy.Nos.153/1, 153/2 and 153/3 situated at Pedda Nagulagavaram Revenue Village of Markapur Mandal in Markapur District is classified as Burial Ground. 1 1989 (1) ALT 36 It is submitted that, no resolution/proposal was passed to construct any shopping complex on said road margin site to block petitioners passage by this.

Thus, as seen from the instructions, the Gram Panchayat is not intending to construct any structure in Sy.Nos.153/1, 153/2 and 153/3. The land is classified as Burial Ground, and no resolution has been passed for the construction of a shopping complex on the said road margin.

Given the facts and circumstances of the case, the writ petition is disposed of, at the stage of admission, with the consent of all the learned counsel, directing the respondents not to make any construction Sy.Nos.153/1, 153/2 and 153/3 situated at Pedda Nagulagavaram Revenue Village of Markapur Mandal in Markapur District, without following due procedure. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Date: 04.05.2026 SNI ___________________________ JUSTICE SUBBA REDDY SATTI 200 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 11043 OF 2026 Date: 04.05.2026 SNI