APHC010174582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9027/2025 Between: Shaik Meerjavali and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. SRIDHAR TUMMALAPUDI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9027/2025 O R D E R: 1. This writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus declaring the action of respondents, more particularly, 4th respondent in resorting to evict and demolish the house of the petitioners constructed in an extent of Ac.0.03 cents each petitioner in Sy.No.199/B situated at Jonnalagadda Road, Lam Village, Tadikonda Mandal, Guntur District high handedly without there being any reason vide issuing notice dated 26.03.2025 served on 29.03.2025 and without considering the representations submitted by the petitioners as illegal and arbitrary. 2. Heard learned counsel for the petitioners and learned Government Pleader for the respondents. 3. Learned counsel for the petitioners submits that the petitioners herein are the landless poor persons and have occupied the Government land (Konda Poramboku) and have been residing in their respective lands by making some constructions. The petitioners herein along with their family members were working as daily wage labour in Lam quarry in and around the village and eking out their livelihood since 1960. While so, respondent No.4 issued notices dated 26.03.2025 directing all the petitioners to show cause as to why the petitioners should not be evicted from the Government land, within a period of seven days. The said notices were served on 29.03.2025, but the respondents without affording reasonable opportunity to submit their explanations are threatening to evict and demolish the petitioners’ houses. Aggrieved by the same, the petitioners herein submitted several representations requesting the respondents to regularize the petitioners’ houses and issue house site pattas on par with the others. Even after receipt of the said representations, the respondent authorities neither considered the same nor issued any proceedings. Hence, the writ petition. 4. On the other hand, learned Government Pleader for Revenue submitted the written instructions issued by Respondent No.4, wherein the relevant portion of the said instructions reads as follows: “It is respectfully submitted that individuals, including the petitioners herein encroached upon the Hill Poramboke land, which is rich in minerals and where previous mining activities were conducted with authorized permission/ approvals. The Government authorities (Revenue and Panchayat Department) had intervened and halted the construction activities during the early stages. However, the encroachers approached the Hon’ble High Court of Andhra Pradesh and filed several writ petitions, including W.P.Nos. 30960 of 2023, 27014 of 2023 and 27021 of 2023, 16502 of 2024, 26480 of 2024 and 27770 of 2024. In these writ petitions, the Hon’ble High Court issued interim/ final orders, stating: “Necessary enquiry pursuant to the notices issued, upon hearing all the parties concerned, including the petitioner, and upon verification of the records and the subject land, an appropriate decision shall be taken on it is own merits as expeditiously as possible. Pending enquiry, there shall be no coercive steps.” 5. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the respondent authorities to conduct enquiry pursuant to the notices issued and pass appropriate orders, after providing opportunity of hearing to all the parties concerned and after considering the explanation, if any, submitted by the petitioners pursuant to the notices dated 26.03.2025, within a period of two (02) months from the date of receipt of a copy of this order. Till then, the respondents are directed not to demolish the houses of the petitioners. 6. With the above directions, the writ petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:07.04.2025 BSP 93 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:9027/2025 Date:07.04.2025 BSP