APHC010207082022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 12164/2022 Between: 1. N.LAKSHMI PRASAD REDDY, S/O CHENDRA SEKHAR REDDY, AGED ABOUT 41 YEARS, OCC- EX-SERVICEMAN, RESIDENT OF D.NO.1-1156, KOTAPALLE VILLAGE ROAD, PILER TOWN AND MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, MADANAPALLE, ANNAMAYYA DISTRICT. 4. THE TAHSILDAR, PILER MANDAL, ANNAMAYYA DISTRICT. 5. THE GRAMPANCHAYAT, FILER MANDAL, ANNAMAYYA DISTRICT, REP. BY ITS PANCHAYAT SECRETARY. ...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 to issue Writ, or Direction especially one in the nature of Writ of Mandamus declaring the action of the 5th respondent in trying to construct compound wall to the petitioner property by allowing the 3rd parties to make construction of burial ground in the property admeasuring an extent of Ac.1.90 cents in Sy.No.1-12 and Ac.1.00 cents in Sy.No.1/1B3, situated in Piler revenue village, Piler Mandal, Annamayya District which is subject matter of D-Form Patta granted in favour of the petitioner and also violation of the orders passed by this Honourable court in W.P.No.14573 of 2021, dated 28- 07-2021 is illegal, arbitrary, unconstitutional and consequently direct the 5th respondent not to interfere with the peaceful possession and enjoyment of the petitioner property and pass IA NO: 1 OF 2022 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 5th respondent not to interfere with the peaceful possession and enjoyment of the petitioner property admeasuring an extent of Ac.1.90 cents in Sy.No.1-12 and Ac.1.00 cents in Sy.No.1/1B3, situated in Piler revenue village, Piler Mandal, Annamayya District, pending disposal of the Writ petition before this Honourable court, and pass Counsel for the Petitioner: 1. VUTUPALLI RAJANNA Counsel for the Respondent(S): 1. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 2. GP FOR REVENUE The Court made the following: ::ORDER :: The above writ petition was filed to declare the action of respondent No.5 in attempting to construct the compound wall around the petitioner’s property of an extent of Ac.1.90 cents in Sy.No.1-12 and Ac.1.00 cents in Sy.No.1/1B3 of Piler Revenue Village, Piler Mandal, Annamayya District, without following the due procedure of law, as illegal and arbitrary. 2. Heard Sri V. Rajanna, learned counsel for the petitioner, Ms. Usha, learned Assistant Government Pleader for Revenue, appeared for respondents 1 to 4 and Ms. Kavitha, learned counsel representing Sri M. Sudhir, learned Standing Counsel, appeared for respondent No.5. 3. Learned counsel for the petitioner would submit that the then Mandal Revenue Officer assigned Ac.1.90 cents in Sy.No.1-12 and Ac.1.00 cents in Sy.No.1/1B3 of Piler Revenue Village, Piler Mandal, Annamayya District to the petitioner. The petitioner has been in possession and enjoyment of the property. When the revenue authorities attempted to dispossess the petitioner, the petitioner filed W.P.No.3627 of 2016. The said writ petition was referred to Lok-Adalat and an Award was passed on 08.02.2020 vide Ex.P3. Thereafter, the petitioner filed W.P.No.14573 of 2021, complaining of the action of respondent No.4 therein in trying to evict the petitioner from an extent of Ac.1.90 cents in Sy.No.1-12 and Ac.1.00 cents in Sy.No.1/1B3 of Piler Revenue Village, Piler Mandal, Annamayya District. The said writ petition was allowed, directing the respondents not to interfere with possession and enjoyment of the petitioner in an extent of Ac.1.90 cents in Sy.No.1/12 of Piler Village, except by due process of law. 4. Learned counsel would submit that the Panchayat Secretary of respondent No.5 attempted to dispossess the petitioner from Ac.1.90 cents in Sy.No.1/12 cents. 5. An interim order was granted not to construct boundary wall around the land of the petitioner for a period of three days. 6. During the course of hearing, learned counsel for the petitioner would confine and urge the Court to direct the respondent No.5 not to interfere with an extent of Ac.1.90 cents in Sy.No.1-12 of Piler Village, concerned. 7. Ms. Kavitha, learned counsel representing Sri M. Sudhir, learned Standing Counsel appeared for respondent No.5, on instructions, would submit that the Panchayat Secretary of respondent No.5 is not interfering with the extent of Ac.1.90 cents in Sy.No.1-12 of Piler Village; there is no proposal to construct any burial ground in the said extent of land. 8. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the stage of admission with the consent of learned counsel appearing on either side, directing respondent No.5 not to interfere with an extent of Ac.1.90 cents in Sy.No.1-12 of Piler Revenue Village, Piler Mandal, Annamayya District, without following due procedure of law. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 05.05.2026 TVN 271 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 12164 of 2022 Date: 05.05.2026 TVN