4 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6133 OF 2025 Between: 1. Sri S.Shajahan, S/o Late S.Shukur Saheb, Aged about 57 years, Occ: Business, Resident of Fiat No. 102, Jagruthi Apartment, Cross Road, Filer town and Mandal, Annamayya District. 2. Sri S. Saleem Basha, S/o Late S.A.Shukur Saheb, Aged about 61 years, Occ: Business, Resident of D.No. 11-262, Prakasham Road, Filer town and Mandal, Annamayya District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Revenue, Secretariat, Velagapudi, Amaravathi. 2. The District Collector, Annamayya District at Rayachoty. 3. The Revenue Divisional Officer, Rayachoty, Annamayya District. 4. The Tahsildar, Piler Mandal, Arinamayya District. ...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 Writ, or Direction especially one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 4 in trying to demolish the issue construction of residential house made by the petitioners in an extent of Ac.0.06 cents (Ac.0.03 + 0.03) in Sy.No.1-3, Plot Nos.6 and 7, situated in Ward No.1, Tirupati Road, Filer town and Mandal, Annamayya District without following due process of law though there is a building permission from the Grampanchayat, Proceeding B.A.No.211/2023-24 ^ dated 11-01-2025 and also subject matter of House Site Pattas vide Pattas bearing Nos.VHS/379/2013 and VHS/380/2013, dated 11-01-2014 on the file of the 4th Filer vide respondent is illegal, arbitrary, highhanded and violation of principles of natural justice and consequently direct the respondents not to interfere with the construction of residential housd belonging to the petitioners. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in thd circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 to 4 not to demolish / interfere with the construction of residential house by the petitioners in an extent of Ac.0.06 cents (Ac.0.03 + 0.03) in Sy.No.1-3, Plot Nos.6 and 7\ situated in Ward No.1, Tirupati Road, Piler town and Mandal, Annamayy^ District without following due process of law is illegal, arbitrary, highhanded and violation of principles of natural justice, pending disposal of the Writ petition before this Honourable court. Counsel for the Petitioner: SRI VUTUPALLI RAJANNA Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER r APHC010122182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6133/2025 Between: ...PETITIONER(S) Sri S.shajahan and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.VUTUPALLI RAJANNA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6133/2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following relief:- “ to Writ or Direction especially one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 4 in trying to demolish the construction of residential house made by the petitioners in an extent of Ac. 0.06 cents (Ac.0.03 + 0.03) in Sy.No.1- 3, Plot Nos. 6 and 7, situated in Ward No. I, Tirupati Road, Filer town and Mandat, Annamayya District without following due process of law though there is a building permission from the Grampanchayat Proceeding B.A.No 211/2023-24 dated 11.01.2025 and also subject matter of House Site Pattas vide Pattas bearing Nos.VHS/379/2013 and VHS/380/2013 dated 11.01.2014 on the file of the 4^'' respondent is illegal, arbitrary, highhanded and violation of principles of natural justice and consequently direct the respondents not to interfere with the construction of residential house belonging to the petitioners and pass such other order or orders... ” Heard learned counsel for the petitioners and learned Government 2. Pleader for Revenue for the respondents. Learned counsel for the petitioners submits that the petitioners herein were granted house site pattas in their favour vide proceedings dated 11.01.2014 for an extent of Ac.0.03 cents each in Sy.No.1-3, Plot Nos.6 and 7 3. situated in Ward No.I, Tirupati Road, Filer town and Mandal, Annamayya District. Since the date of issuance of house site pattas, the petitioners have been in peaceful possession and enjoyment of the said house site by raising zinc/ ACC roof houses without there being any interference or hindrance from any quarter. Later, the petitioners herein made an application to the Gram Panchayat seeking permission for construction of residential house in the subject land by paying requisite fee. Accordingly, the Gram Panchayat granted permission vide proceedings dated 11.01.2024 granting permission for construction of ground + first floor within one year i.e., on or before December, 2024. Later, the petitioners herein also obtained electricity connection and have been paying the electricity charges without any default. While things stood thus, respondent No.4, without issuing any notice 4. and without assigning any reasons directed the petitioners herein to stop the subject construction. Later on 08.03.2025, respondent No.2 along with his staff visited the subject premises and tried to demolish the structures without there being any prior notice and without following due procedure as contemplated under the law. Such action of respondent Nos. 2 to 4 in trying to demolish the construction of residential house of the petitioners without issuing any notice or without following the due procedure as contemplated under law is highly illegal, arbitrary and contrary to law. Hence, the writ petition. On the other hand, learned Government Pleader for Revenue 5. appearing for the respondents submits that if the respondents intend to interfere/ demolish the subject construction of the petitioners, they would follow due process of law. Having regard to the submissions made by the learned counsel for the 6. petitioners and learned Government pleader for the respondents and on perusal of the material placed on record, this Court is of the considered opinion , disposed of, directing the respondents not without that the present Writ Petition can be subject construction of the petitioners demolish/ interfere with the following due process of law. With the above to direction, the Writ Petition is disposed of. There shaii be 7. order as to costs. no in the writ Miscellaneous Petitions, if any, pending Consequently petition shall stand closed. //TRUE COPY// section officer Secretariat, To, , The Principal Secretary, Department of Revenue Velagapudi, Amaravathi. 2. The District Collector, Annamayya Divisional Officer, Rayachoty, Annamayya District. 1 District at Rayachoty. 3. The Revenue Piler Mandal, Annamayya District. 4. TheTahsildar 5 One CC to Sri Vutupalli Rajanna Advocate [OPUC] High Court of Andhra Pradesh. [OUT] 6. Two CCS to GP for Revenue, 7. Three CD Copies TF HIGH COURT DATED:11/03/2025 ORDER X 20 MAR 2025 WP.No.6133 of 2025 <a S/j ^ . Current Section DISPOSING OF THE W.P., WITHOUT COSTS