Blocked Donka or Rastha? AP Govt Memo on Pathway Obstruction & Compound Walls

AP Revenue 0

Blocked Donka, closed Rastha, or a sudden compound wall across the only road to your field? These are among the most common complaints reaching the Public Grievance Redressal System (PGRS) in Andhra Pradesh. On 01-09-2026, the Revenue (Lands-I) Department issued Memo No. REV01-LANA/330/2026, giving all District Collectors a uniform, step-by-step procedure to resolve them. This guide explains it in simple language.


Tahsildar inspecting a blocked customary farm pathway in Andhra Pradesh under the 2026 pathway obstruction memo.
Quick summary: Tahsildars (as Executive Magistrates) will use the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to restore customary pathways, while Gram Panchayat / DTCP officers act against unauthorized compound walls under the A.P. Panchayat Raj Act, 1994. No such complaint can be rejected without personal inspection by the Tahsildar.

Why was this Memo issued?

Districts across the State were receiving a steady stream of PGRS grievances on two closely connected issues:

  1. Obstruction or closure of customary pathways and approach roads (Donka / Rastha / Daari) leading to agricultural fields, burial grounds and habitations.
  2. Construction of compound walls, fencing, gates and similar structures by adjoining landowners, without approval of the DTCP, Gram Panchayat, or Urban Development Authority / Municipality, blocking the only access to a petitioner's land.

The Collector of Sri Sathya Sai District audited such complaints and found 478 pathway-obstruction complaints pending across its four Revenue Divisions, with a low rate of grievance satisfaction. The District then issued detailed instructions with model notice and order formats. The CCLA & Special Chief Secretary found the approach worth adopting statewide, with added coverage for unauthorized compound walls, and directed all Collectors to follow it with immediate effect.

Categories of grievances covered

  • Pathways leading to graveyards
  • Pathways leading to agricultural fields
  • Pathways to passages / houses in the grama kantam in villages
  • Cases where the pathway is demarcated in the FMB
  • Pathways to agricultural lands adjacent to Government lands
  • Pathways to agricultural lands adjacent to Patta lands
  • Obstruction of approach / layout roads by compound walls, fencing or gates raised without sanction of the DTCP, Gram Panchayat or Urban Development Authority / Municipality

Legal framework the officers must apply

1. Board Standing Order 15, Paragraph 30

Titled "Retention of customary rights, etc.", it requires existing rights, especially communal use and easements such as pathways, to be preserved whenever land is assigned or otherwise dealt with by the Government.

2. Bharatiya Nagarik Suraksha Sanhita, 2023

SectionHeadingWhat it does
152Public nuisance, conditional orderMagistrate can pass a conditional order to remove an obstruction to the public's use of a way, river, channel or place.
154Show causeThe person to whom the order is addressed must obey it or show cause.
155Consequences of non-complianceFailing to comply with a lawful order attracts penal consequences and allows recovery of the cost of compliance.
156 & 164Procedure where existence of public right is deniedThe Magistrate asks the person whether he denies the public right. If he does, the Magistrate enquires; if reliable evidence supports the denial, proceedings are stayed pending a Civil Court's decision. If not, the Magistrate proceeds under Sec. 157. A person who fails to deny or substantiate the denial cannot raise it later.
157Procedure where the person shows causeMagistrate holds an inquiry by recording evidence, and may confirm (with or without modification) or drop the proceedings. Ordinarily completed within 90 days, extendable to 120 days for recorded reasons.

3. A.P. Panchayat Raj Act, 1994 and Gram Panchayats Layout and Building Rules, 2002

ProvisionSubjectWhat it says
Layout and Building Rules, 2002Sanction of building permissions"Building" includes any structure, even a wall enclosing land. No building or layout can begin without a plan sanctioned by the Gram Panchayat / competent authority.
Sec. 53Vesting of roads in Gram PanchayatPublic roads (other than those vested in other authorities) vest in, and are maintained by, the Gram Panchayat.
Sec. 98Removal of encroachment on roadsThe Executive Authority can, by notice, require removal of encroachments and is duty-bound to keep roads free of obstruction.
Sec. 101Prohibition against obstructionNo one may cause an obstruction in a public road vested in a Gram Panchayat without the Executive Authority's prior permission.

Two-way redressal mechanism

A. Customary right of way / pathway disputes

  1. The Tahsildar / RDO, acting as Executive Magistrate, gets an enquiry conducted through the VRO / Surveyor, verifying the FMB sketch, village map and recorded statements confirming long usage.
  2. If a customary right is prima facie established, a Notice (Annexure-I) is issued to the respondent under Sec. 156(1) or 164 BNSS, asking him to admit or deny the public right, with reliable evidence.
  3. After the enquiry, an Executive Order / Proceedings (Annexure-II) is passed, directing restoration and non-obstruction of the pathway, without prejudice to either party's right to contest title before a Civil Court.
  4. Non-compliance is dealt with under Sec. 155 BNSS. Restoration cost, if the authority does the work, is recovered as an arrear of land revenue.
Important: No complaint on this subject can be rejected without personal inspection by the Tahsildar of the Mandal (or a Tahsildar / higher-grade officer nominated by the District Collector). RTGS and CCLA are to make software changes to enforce this.

B. Unauthorized compound wall / construction blocking access

  1. The Tahsildar / RDO immediately refers the grievance to the Panchayat Secretary / Executive Authority (or the DTCP / Urban Development Authority / Municipality in planning areas) to verify the sanction status.
  2. If the construction is unauthorized or violates the 2002 Rules, the Executive Authority / DTCP proceeds under Sections 98, 99 and 101 of the Panchayat Raj Act for removal and, where warranted, demolition, after due notice.
  3. Meanwhile, the Tahsildar / RDO may simultaneously use Sections 152 and 156 BNSS for interim protection of the right of access, using the Annexure I and II formats suitably adapted.
  4. The Tahsildar and the Executive Authority / DTCP conduct a joint inspection and record a joint report before final orders, so that actions do not conflict.

What the model Notice and Order contain

Annexure-I (Notice): names the petitioner and respondent, the survey numbers and the nature of obstruction. It calls the respondent to appear on a fixed date, state whether he admits or denies the public right, and show cause with documents why the obstruction should not be removed and action under Sec. 155 not be taken. If he fails to appear or to deny with reliable evidence, final orders follow under Sec. 157, with removal at his cost and risk.

Annexure-II (Order): records the facts found: the path is the only access, use was long-standing, peaceable and uninterrupted, and it is recognised as a "Donka / daari / baata". It then directs:

  • Restoration and maintenance of the pathway of a stated width between the named survey numbers.
  • The respondent to remove all bunds, fencing, walls or gates within 15 days, failing which the Executive Authority / DTCP removes them under Sections 98, 99 and 101.
  • The VRO / Panchayat Secretary and Surveyor to demarcate the path, record it as "Donka / Rastha (Customary Right of Way)" in village land records, and report compliance and update Webland / PGRS within 7 days.

The order is expressly without prejudice to either party's right to contest title before a competent Civil Court. It only abates a public nuisance and restores the status quo.

Audit and monitoring

  • Every Collector must audit pending PGRS grievances of this nature, as done in Sri Sathya Sai District, and send consolidated Division-wise data, with pathway-obstruction complaints shown separately, within 15 days of the Memo.
  • The Joint Collector reviews disposal at least once a month, and disposal details must be reflected against the petition in PGRS.

What does this mean for farmers and villagers?

  • Your complaint about a blocked pathway cannot be closed on paper alone; the Tahsildar must inspect in person.
  • Keep ready the FMB sketch, village map, and any evidence of long use (neighbours' statements, old records).
  • The respondent gets a fair hearing and can deny the right, but must back the denial with reliable evidence.
  • Ownership disputes remain for the Civil Court; the Tahsildar only restores access in the meantime.
  • Walls, gates or fences across an access road without sanction can be removed under the Panchayat Raj Act.

Frequently asked questions

Who decides a pathway complaint?
The Tahsildar of the Mandal, as Executive Magistrate, with RDO involvement where needed.

Can the Tahsildar decide who owns the pathway land?
No. The order is without prejudice to title, which only a Civil Court decides.

How long does the enquiry take?
Under Sec. 157 BNSS, ordinarily within 90 days, extendable to 120 days for recorded reasons.

What if the neighbour ignores the order?
Sec. 155 BNSS applies, and the cost of removal can be recovered as an arrear of land revenue.

Where do I file the complaint?
Through PGRS or directly at the Tahsildar's office.

Source: Government of Andhra Pradesh, Revenue (Lands-I) Department, Memo No. REV01-LANA/330/2026 dated 01-09-2026. This article is for general information and is not legal advice. Please refer to the original Memo and consult a qualified professional for your specific case.

Post a Comment

0 Comments