1 APHC010139472021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 8154/2021 Between: 1. UMMADISETTI RADHA KRISHNA,, S/O. RAMAIAH, AGED 40 YEARS, OCC- CULTIVATION, R/O. BALIJAPALEM, H/O. LINGASAMUDRAM VILLAGE AND MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, IRRIGATION AND COMMAND AREA DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT ENGINEER, IRRIGATION DEPARTMENT. PRAKASAM DISTRICT AT ONGOLE. 3. THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT. VALETIVARIPALEM PRAKASAM DISTRICT AT ONGOLE. 4. LINGASAMUDRAM GRAM PANCHAYAT, REP BY ITS EXECUTIVE AUTHORITY - CUM-PANCHAYAT SECRETARY, LINGASAMUDRAM MANDAL, PRAKASAM DISTRICT. ...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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents 2 in contemplating to demolish petitioner's residential house admeasuring Ac. 0.01 Cents in Sy.No.99 of Lingasamudram Revenue Village and Mandal of Prakasam District and notices dated 09.03.2021 and 22.02.2021 issued by 3rd respondent and also notice dated 20.03.2021 issued by 4th respondent, as illegal, irregular, irrational, without any authority or sanction of law and violative of Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with petitioner's peaceful possession and enjoyment over his said house property and pass IA NO: 1 OF 2021 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 pleased to suspend the operation of notices dated 09.03.2021 and 22.02.2021 issued by 3rd respondent and also notice dated 20.03.2021 issued by 4th respondent and consequently direct the respondents not to interfere in any manner with my possession and enjoyment over my house property admeasuring of Ac. 0.01 Cents in Sy.No.99 of Lingasamudram Revenue Village and Mandal of Prakasam District, pending disposal of the main Writ Petition and pass IA NO: 2 OF 2021 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 Pleased to vacate the interim orders dated 15-04-2021 in WP. 8154/2021 and dismiss the writ petition Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 2. V VINOD K REDDY (SC FOR ZP MPDO GP) The Court made the following: 3 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in contemplating to demolish petitioner's residential house admeasuring Ac. 0.01 Cents in Sy.No.99 of Lingasamudram Revenue Village and Mandal of Prakasam District and notices dated 09.03.2021 and 22.02.2021 issued by 3rd respondent and also notice dated 20.03.2021 issued by 4th respondent, as illegal, irregular, irrational, without any authority or sanction of law and violative of Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with petitioner's peaceful possession and enjoyment over his said house property and pass….” 2. Brief facts of the case are that the petitioner herein is the absolute owner and possessor of the land to an extent of Acs.0.01 cents in Sy.No.99 of Lingasamudram village, which was originally in possession of his ancestors who have been living in the said land by constructing a house, from time immemorial. 3. While the matter stood thus, basing on the letters dated 22.02.2021 and 09.03.2021 addressed by the 3rd respondent, the 4th respondent issued a notice to the petitioner herein with a direction to remove the shed constructed in the land to an extent of Acs.0.01 cents out of total extent of Acs.1.65 cents covered by Sy.No.99 of Lingasamudram village. Though the petitioner has requested the respondent authorities stating that he has been in possession of the said land for the past 100 years, the respondent authorities are not 4 heeding to the petitioner‟s request and are contemplating to demolish the petitioner‟s property. Aggrieved by the same, the present petition is filed. 4. When the writ petition came up for admission on 15.04.2021, this Court has passed the following interim order: “Till then, both parties shall maintain status-quo as on today with reference to the subject property i.e., residential house admeasuring Ac.0.01 cents in Sy.No.99 of Lingasamudram Revenue Village and Mandal of Prakasam District.” 5. The respondent No.3 has filed a detailed counter affidavit stating that as per the records available with the Revenue department, the land in Sy.No.99 to a total extent of Acs.1.67 cents is a Government „Gramakhantam‟ land and that the petitioner herein has encroached the said land to an extent of 0.0092 cents by constructing two rooms. Hence, requested this Court to vacate the interim order passed earlier and to dismiss the writ petition. 6. Heard Smt. Nimmagadda Revathi, learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation. 7. Admittedly, the land to an extent of Acs.0.01 cents in Sy.No.99 of Lingasamudram village is in possession of the petitioner and his ancestors and the petitioner herein in currently in possession of the said land by constructing two rooms. When the petitioner is in settled possession and enjoyment of the property, he cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in RameGowda (dead) by L.R.s. v. M. Varadappa Naidu (Dead) by L.Rs1. 12004 (1) SCC 769 5 8. In view of the above submissions, this Court feels it appropriate to dispose of the writ petition by directing the respondent authorities not to interfere with the petitioner‟s possession over the property to an extent of Acs.0.01 cents in Sy.No.99 of Lingasamudram village and mandal, Prakasam District, without following due process of law. 9. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :16.09.2025. Gss