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High Court of Andhra Pradesh · body

2025 DAILYLAW 15014 (AP)

Katikitala Peda Yesu v. The State of Andhra Pradesh,

WP/9923/2025 · 2025-06-16

Nyapathy Vijay

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION Nos. 9426. 9325, 9430. 9548, 9746. 9750. 9910. 9912. 9920, 9923. 9929,11369 and 11502 OF 2025 WRIT PETITION NO: 9426 OF 2025 Between: Bondada Suvarna, D/o. Godi Krishna Murthy, Aged 60 years, Occ: Cultivation R/o.D.No.21-39/6, Dharmapuram Agraharam, Siddapuram Road, Akiveedu, W.G.District, Andhra Pradesh ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Akividu Nagar Panchayat, Akividu, West Godavari District, AP Rep.by its Commissioner ...RESPONDENTS 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 a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the final order vide Roc.No.29/2025/G1 dt.01-04-2025 issued by the 2 directing petitioner to remove the house constructed in S.No.209/1, 2, 3, 4 and 5 at Dharmapuram, Akividu Nagar Panchayat, West Godavari District within 15 days as highly illegal, arbitrary, without power or jurisdiction besides violative of Art. 19 and 300A of the Constitution of India and consequently to set aside the said notice. nd Respondent by lA NO: 1 OF 2025 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 grant stay of all further proceedings pursuant to the order in Roc.No.29/2025/G1 dt.01-04-2025 issued by the 2 disposal of the above writ petition. Counsel for the Petitioner: SRI YASWANTH GADE Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2:SMT. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES nd respondent pending WRIT PETITION NO: 9325 OF 2025 Between: Bhupathi Samuel, S/o.David, Aged 35 years, Occ; Agriculture Labour R/o.D.No.21-49, Dharmapuram Agraharam Siddapuram Road, Akiveedu, W.G. District Andhra Pradesh ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Akividu Nagar Panchayat, Akividu, West Godavari District, AP Rep. by its Commissioner ...RESPONDENTS 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 a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring Roc.No.29/2025/G1 dt.01-04-2025 issued by the 2nd Respondent by directing the petitioner to remove the house constructed in S.No.209/1, 2, 3, the final order vide 3 4 and 5 at Dharmapuram, Akividu Nagar Panchayat, West Godavari within 15 days as highly illegal, arbitrary, without power or jurisdiction besides violative of Art. 19 and 300A of consequently to set aside the said notice. i District the Constitution of India and lA NO: 1 OF 207^ 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 pursuant to the order in pleased to grant stay of all further proceedings Roc.No.29/2025/G1 dt.01-04-2025 issued by the 2 nd respondent pending disposal of the above writ petition. Counsel for the Petitioner: SRI YASWANTH GADE Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2:SMT. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES WRIT PETITION NO: 9430 OF 2025 Between: Katikitala Venkata Ratnam, S/o.K.Samadhanam Aged Cultivation R/o.D.No.21-51/3, Dharmapuram Agraharam, Road, Akiveedu, W.G.District Andhra Pradesh 50 years, Occ; Siddapuram ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Akividu Nagar Panchayat, Akividu, West Godavari by its Commissioner District, AP Rep. ...RESPONDENTS u 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 a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the final order vide Roc.No.29/2025/G1 dt.01-04-2025 issued by the 2 directing the petitioners remove the house constructed in S.No.209/1, 2, 3, 4 and 5 at Dharmapuram, Akividu Nagar Panchayat, West Godavari District within 15 days as highly illegal, arbitrary, without power or jurisdiction besides violative of Art. 19 and 300A of the Constitution of India consequently to set aside the said notice. nd Respondent by and lA NO: 1 OF 2025 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 grant stay of all further proceedings pursuant to the order in Roc.No.29/2025/G1 dt.01-04-2025 issued by the 2 disposal of the above writ petition. Counsel for the Petitioner: SRI YASWANTH GADE Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2:SMT. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES / nd respondent pending WRIT PETITION NO: 9548 OF 2025 Between: Gundugollu Venkanna, S/o.lsmael Aged 50 years, Occ Unemployed (handicapped) R/o.D.No.21-121, Dharmapuram Agraharam Siddapuram Road, Akiveedu, W.G.District Andhra Pradesh ...PETITIONER(S) AND I- The State of Andhra Pradesh, Rep. by Its Principal Secretary, Municipal Administrahon and Urban Development Department, Velagapudi, Amaravathi, Guntur Oistrict. 2. The Akividu Nagar Panchayat, Rep.by its Commissioner A.P. Secretariat, Akividu, West Godavari District, AP ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction nature of may more particularly one in the a writ of Mandamus declaring ROC.NO.29/2025/G1 dt.01-04-2025 issued by the 2- Respondent by directing the petitioner to remove the house constructed in S.No 209/1 2 3 4 and 5 at Dharmapuram, Akividu Nagar Panchayat, West Godavari Districi within 15 days as highly illegal, arbitrary, without besides violative of Art. the final order vide power or jurisdiction 19 and 300A of the Constitution of India and consequently to set aside the said notice [A NO: 1 OF 2()9fi Petition under Section 151 CPC stated in the affidavit filed in ; pleased to grant stay of all further Roc.No.29/2025/G1 dt.01-04-2025 disposal of the above writ petition. Counsel for the Petitioner: SRI YASWANTH Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2:SMT. SIREESHA RANI VALLA6HANENI, SC FOR MUNICIPALITIES praying that in the circumstances support of the petition, the High Court may be proceedings pursuant to the order in issued by the 2 nd respondent pending GADE 6 WRIT PETITION NO: 9746 OF 2025 Between: Chitturi Raju, S/o.Yohanu, Aged R/o.D.No.21-38, Dharmapuram Agraharam Siddapuram Road, Akiveedu W.G. District Andhra Pradesh 60 years, Occ: Daily Wage Work ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department A.P. Secretariat. Velagapudi, Amaravathi, Guntur District. 2. The Akividu Nagar Panchayat, Akividu, West Godavari District, Rep.by its Commissioner AP ...RESPONDENTS India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction nature of Petition under Article 226 of the Constitution of may more particularly one in the final order vide a writ of Mandamus declaring the Roc.No.29/2025/G1 dt.01-04-2025 issued by the 2 directing the petitioner to remove the house constructed nd Respondent by in S.No.209/1, 2, 3, 4 and 5 at Dharmapuram, Akividu Nagar Panchayat. West Godavari within 15 days as highly illegal, arbitrary, without besides violative of Art. 19 and 300A District power or jurisdiction of the Constitution of India and consequently to set aside the said notice. lA NO: 1 OF 2()9fi Petition under Section 151 CPC stated in the affidavit filed i pleased to grant stay of all further Roc.No.29/2025/G1 dt.01-04-2025 disposal of the above writ petition. praying that in the circumstances m support of the petition, the High Court may be proceedings pursuant to the order in issued by the 2"^ respondent pending 1- Counsel for the Petitioner: SRI YASWANTH GADE Counsel for the Respondent No.1: GP FOR MUNICIPAL administration and urban development Counsel for the Respondent No.2:SMT. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES WRIT PETITION NO: 9750 OF 2025 Between: Saimetia Chitti Moshe, S/o.S.Chalamaiah, Aged 70 Work, R/o.D.No.21-36/1, Dharmapuram Agraharam Akiveedu, W.G.District Andhra Pradesh years, Occ: Dailywage Siddapuram Road, ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Urban Development Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Akividu Nagar Panchayat Akividu, West Godavari District by its Commissioner AP Rep. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring Roc.No.29/2025/G1 dt.01-04-2025 issued by the 2 directing the petitioner to remove the house constructed in S.No.209/1, 2, 3 4 and 5 at Dharmapuram, Akividu Nagar Panchayat, West Godavari District within 15 days as highly illegal, arbitrary, without besides violative of Art. 19 and 300A of the Constitution consequently to set aside the said notice. may the final order vide nd Respondent by power or jurisdiction of India and 8 lA NO: 1 OF 2025 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 grant stay of all further proceedings pursuant to the order in Roc.No.29/2025/G1 dt.01-04-2025 issued by the 2^^ respondent pending disposal of the above writ petition. Counsel for the Petitioner: SRI YASWANTH GADE Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2:SMT. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES WRIT PETITION NO: 9910 OF 202.4 Between: Katikitala China Sudarsanam, S/o. Samadanam, Aged 53 years, Occ: Cultivation R/o.D.No.21-44/1, Dharmapuram Agraharam, Siddapuram Road, Akiveedu, W.G. District Andhra Pradesh ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Akividu Nagar Panchayat, Akividu, West Godavari District, AP Rep. by its Commissioner ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the final order vide Roc.No.29/2025/G1 dt.01-04-2025 issued by the 2 directing the petitioner to remove the house constructed in S.No.209/1, 2, 3, may nd Respondent by 4 and 5 at Dharmapuram. Akividu Nagar Panchayat, West Godavari District within 15 days as highly illegal, arbitrary, without power or jurisdiction besides violative of Art. 19 and 300A of the Constitution of India and consequently to set aside the said notice. lA NO: 1 OF 2025 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 grant stay of all further proceedings pursuant to the order in Roc.No.29/2025/G1 dt.01-04-2025 issued by the 2"^ respondent pending disposal of the above writ petition. Counsel for the Petitioner: SRI YASWANTH GADE Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2:SMT. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES WRIT PETITION NO: 9912 OF 2025 Between: Madda Premanandam, S/o. Bala Yesu, Aged 45 years, Occ: Daily Wage Work, R/o.D.No.21-41, Dharmapuram Agraharam, Siddapuram Road, Akiveedu, W.G. District, Andhra Pradesh ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Muncipal Administration & Urban Development Department, A.P Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Akividu Nagar Panchayat, Akividu, West Godavari District, AP Rep.by its Commissioner ...RESPONDENTS to 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 a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring vide Roc.No.29/2025/G1 dt. 01-04-2025 issued by the 2"*^ Respondent directing the petitioner to the house constructed in S.No.209/1,2, 3, 4 and 5 at Dharmapuram, Akividu Nagar Panchayat, West Godavari the final order by District within 15 days as highly illegal, arbitrary, without power or jurisdiction besides violative of Art. 19 and 300A of the Constitution of India and consequently to set aside the said notice. remove lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumetances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings pursuant to the order in Roc.No.29/2025/G1 dt.01-04-2025 issued by the 2"^^ respondent pending disposal of the above writ petition. Counsel for the Petitioner: SRI YASWANTH GADE Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2:SMT. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES WRIT PETITION NO: 9920 OF 2025 Between: Lingampally Mojesh, S/o.L.Raju, Aged 33 years, Occ: Daily Wage Work R/o.D.No.21-38/1, Dharmapuram Agraharam Akiveedu, W.G.District Andhra Pradesh Siddapuram Road ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Urban Development Department A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Akividu Nagar Panchayat Akividu, West Godavari District, AP Rep. by its Commissioner ...RESPONDENTS 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 a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the final order vide Roc.No.29/2025/G1 dt.01-04-2025 issued by the 2 directing the petitioner to remove the house constructed in S.No.209/1, 2, 3, 4 and 5 at Dharmapuram, Akividu Nagar Panchayat, West Godavari District within 15 days as highly illegal, arbitrary, without power or jurisdiction besides violative of Art. 19 and 300A of the Constitution of India and consequently to set aside the said notice. nd Respondent by lA NO: 1 OF 2025 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 grant stay of all further proceedings pursuant to the order in Roc.No.29/2025/G1 dt.01-04-2025 issued by the 2^" respondent pending disposal of the above writ petition. Counsel for the Petitioner: SRI YASWANTH GADE Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2:SMT. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES i2^ V WRIT PETITION NO: 9923 OF 2025 Between: Katikitala Peda Yesu, S/o.Mokshanandam Aged 56 years, Occ- Driver (Tractor) R/o.D.No.21-43, Christianpeta W.G.District, Andhra Pradesh Dharmapuram Akiveedu ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Akividu Nagar Panchayat, Akividu, West Godavari District, AP Rep.by its Commissioner ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the final Roc.No.29/2025/G1 dt.01-04-2025 issued by the 2 directing the petitioner to remove the house constructed in S.No.209/1, 2, 3, 4 and 5 at Dharmapuram, Akividu Nagar Panchayat, West Godavari District within 15 days as highly illegal, arbitrary, without power or jurisdiction besides violative of Art. 19 and 300A of the Constitution of India and consequently to set aside the said notice. may order vide nd Respondent by lA NO: 1 OF 2025 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 grant stay of all further proceedings pursuant to the order in Roc.No.29/2025/G1 dt.01-04-2025 issued by the 2 disposal of the above writ petition. nd respondent pending )3 Counsel for the Petitioner: SRI YASWANTH GADE Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2:SMT. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES WRIT PETITION NO: 9929 OF 2025 Between: Pallikonda Yesupadam, S/o.Tirupani, Aged 66 years, Occ: Cultivation R/o.D.No.21-42, Christianpeta Agraharam, Dharmapuram, Akiveedu, W.G.District Andhra Pradesh ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Akividu Nagar Panchayat, Akividu, West Godavari District, AP, Rep. by its Commissioner ...RESPONDENTS 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 a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the final order vide Roc.No.29/2025/G1 dt.01-04-2025 issued by the 2 directing the petitioner to remove the house constructed in S.No.209/1, 2, 3, 4 and 5 at Dharmapuram, Akividu Nagar Panchayat, West Godavari District within 15 days as highly illegal, arbitrary, without power or jurisdiction besides violative of Art. 19 and 300A of the Constitution of India and consequently to set aside the said notice. nd Respondent by lA NO: 1 OF 2025 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 grant stay of all further proceedings pursuant to the order in Roc.No.29/2025/G1 dt.01-04-2025 issued by the 2"'^ respondent pending disposal of the above writ petition. Counsel for the Petitioner: SRI YASWANTH GADE Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2:SMT. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES WRIT PETITION NO: 11369 OF 2025 Between: Palikonda Marthamma, W/o.P.Moshia, Aged 53 years, Occ: Housewife R/o.D.No.21-32/2 Dharmapuram Agraharam Akiveedu, W.G. District Andhra Pradesh Siddapuram Road ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Akividu Nagar Panchayat Akividu, West Godavari District, A.P., Rep. by its Commissioner ...RESPONDENTS 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 a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the final order vide Roc.No.29/2025/G1 dt.01-04-2025 issued by the 2 directing the petitioner to remove the house constructed in S.No.209/1, 2, 3, nd Respondent by 15" 4 and 5 at Dharmapuram, Akividu Nagar Panchayat, West Godavari District within 15 days as highly illegal, arbitrary, without power or jurisdiction besides violative of Art. 19 and 300A of the Constitution of India and consequently to set aside the said notice. lA NO: 1 OF 2025 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 grant stay of all further proceedings pursuant to the order in Roc.No.29/2025/G1 dt.01-04-2025 issued by the 2"'^ respondent pending disposal of the above writ petition. Counsel for the Petitioner: SRI YASWANTH GADE Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2:SMT. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES WRIT PETITION NO: 11502 OF 2025 Between: Vararala John Babu, S/o.V.Chitti Mosh, Aged 55 years, Occ; Auto Driver R/o.D.No.21-48, Dharmapuram Agraharam Siddapuram Road, Akiveedu, W.G.District Andhra Pradesh ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Akividu Nagar Panchayat, Akividu, West Godavari District, A.P, Rep. by its Commissioner ...RESPONDENTS 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 a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the final order vide Roc.No.29/2025/G1 dt.01-04-2025 issued by the 2 directing the petitioner to remove the house constructed in S.No.209/1, 2, 3, 4 and 5 at Dharmapuram, Akividu Nagar Panchayat, West Godavari District within 15 days as highly illegal, arbitrary, without power or jurisdiction besides violative of Art. 19 and 300A of the Constitution of India and consequently to set aside the said notice. nd Respondent by lA NO: 1 OF 2025 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 grant stay of all further proceedings pursuant to the order in Roc.No.29/2025/G1 dt.01-04-2025 issued by the 2"^^ respondent pending disposal of the above writ petition. Counsel for the Petitioner: SRI YASWANTH GADE Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2:SMT. SIREESHA RANI VALLABHANENI,SC FOR MUNICIPALITIES The Court made the following: COMMON ORDER APHC010186422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 9426/2025 Between: ...PETITIONER Bondada Suvarna AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others WRIT PETITION NO: 9325/2025 Between: i ...PETITIONER Bhupathi Samuel AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others WRIT PETITION NO: 9430/2025 Between: ...PETITIONER Katikitala Venkata Ratnam AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others 1 2 WRIT PETITION NO; 9548/2025 Between: Gundugollu Venkanna ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) WRIT PETITION NO: 9746/2025 Between: Chitturi Raju ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) WRIT PETITION NO: 9750/2025 Between: Saimetia Chitti Moshe ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) WRIT PETITION NO: 9910/2025 Between: Katikitala China Sudarsanam ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) 3 WRIT PETITION NO: 9912/2025 Between: ...PETITIONER Madda Premanandam AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others WRIT PETITION NO: 9920/2025 Between: ...PETITIONER Lingampally Mojesh AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others WRIT PETITION NO: 9923/2025 Between: ...PETITIONER Katikitala Peda Yesu AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others WRIT PETITION NO: 9929/2025 Between: ...PETITIONER Pallikonda Yesupadam AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) if 4 WRIT PETITinw >1^ 11369/20?.^ Between: Palikonda Marthamma -PETITIONER AND The State Of Andhra Pradesh and Others -RESPONDENT(S) wrlt PETITIOM MO. 11502/202/; Between: Vararala John Babu -PETITIONER AND The stale Of Andhra Pradesh Counsel for the Petitioner: 1.YASWANTH GADE Counsei for the RespondentfS); 1GP MUNCIPAL ADMN AND The Court made the foilowing; and Others -RESPONDENT(S) URBAN DEVAP HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION Nos.9426. 9325. 9430. 9548. 9746, 9750, 9910, » 9912. 9920. 9923, 9929. 11369 and 11502 of 2025 COMMON ORDER: These Writ Petitions are filed questioning the orders passed by the Respondent No.2 vide Roc.No.29/2025/G1, dated 01.04.2025 directing , the Petitioners to vacate the houses located in Sy.No.209/1, 2, 3, 4 and 5 1. in Dharmapuram, Akividu Nagar Panchayat, West Godavari District, as illegal and arbitrary. As the issue is common, with the consent of the learned counsel, a 2. Common Order is being passed and the facts in W.P.No.9246 of 2025 are taken as lead case. The facts leading to the filing of W.P.No.9246 of 2025 are as 3. follows; Petitioner submits that she is a landless and houseless person and eking out her livelihood by attending to agricultural coolie works. The Petitioner submits that a vacant poramboke site iri Sy.Nos.209/1, 2, 3, 4 and 5 of Dharmapuram, H/o Akiveedu Village was in possession and' enjoyment of the predecessors of the Petitioner for the last 80 years and that they had raised residential houses therein. It is further pleaded that the residential houses were unobjectionable and the Grama Panchayat 2 authorities have assigned door numbers and assessed the property tax; water and electricity connections were also provided, were initiated in the year 2010 to evict the Petitioner and others similarly placed from the schedule property on the ground that the property which is in their possession is a tank bed area. While so, steps 4. Questioning the same, W.P.No.500 of 2010 was filed before this Court and the said writ petition was disposed of directing the Respondent- » authorities to provide alternate house sites. It is contended that the Respondent-authorities without complying with the order passed in ,W.P.No.500 of 2010 by providing alternative house sites, have issued a show cause notice on '10.02.2025 to show cause as to why the residential houses of the Petitioner should not be demolished. The Petitioner contends that though explanation was given, the impugned order was passed on 01.04.2025 vide Roc.No.29/2025/G1. Hence, the writ petition. Learned standing counsel for the Nagar Panchayat submitted that the impugned order cannot be faulted as direction of this Hon’ble Court in 5. W.P.No.500 of 2010 was'Complied with and the Petitioners in all the cases were allotted alternative Plot No. 1934 at Tallakodu Village 25.12.2020 and therefore, there is no reason for the Petitioners to on continue in the said Survey Numbers. 6. Having heard the respective counsel, this Court opines as under: 3 This Court after hearing the respective counsel in W.P.No.500 of t 2010 had considered whether the land in question is a tank bed area or not and held that the house of the Petitioners are located in the area which was classified as tank bed area. The relevant portion of the order is extracted below: • "I have perused the material available on record particularly, Annexure P.9 and’ also explanatory sketch of R.S.No.209 of Dharmapuram, H/o Akiveedu Village. By appreciating the location of houses shown in Annexure P.9 and supported by explanatory sketch filed by respondents 2, 4 and 5, this Court has no hesitation to conclude that the petitioners are in possession and enjoyment of Survey No. 209/1, 2, 3, 4 and 5 of Dharmapuram, H/o Akiveedu Village, which is classified tank. The respondents with a view to preserving the water body and utilise the available land for providing additional facility as summer storage tanks, water beds etc. directing the petitioners to remove houses and enable Gram as are Panchayat to undertake work which is useful for entire Gram Panchayat." . 7. In view of the above, there cannot be any dispute to the fact that the Petitioners’ property is located in tank bed area. Further, this Court in W.P.No.500 of 2010 after taking note of the submission of the learned Assistant Government Pleader for Revenue stating that alternative house sites would be provided to the Petitioners and after referring to this aspect in the counter affidavit, disposed of W.P.No.500 of 2010 directing the Respondent-authorities to provide alternative house sites to the 4 Petitioners. In that context, this Court directed the Petitioners to approach Respondent,No.4 therein for allotment of alternative house sites and were directed to make representation .agreeing to vacate the possession of tank bed area after allotment and sites. possession of house 8. It is further observed by this Court that the Petitioners under an obligation to vacate the tank possession to the Respondent No.3 therein after orders allotment of house sites. The relevant portion of the below;- would be bed area and deliver the are passed for order is extracted Wfer the orders are passed the pafifinne^r-i vacate the encroachment of tank bund/tank ^°^dent. The 3'^ respondent is directed firstly to prevent further encroachments of tank bed/bund in Survey No. 209/1 stated in the counter affidavit, take all steps that are required to complete the development activities for preserving the water body. The exercise referred to above shall be undertaken and carried out within from the date of receipt of a copy of the order.” are under obligation tn area and deliver to 2, 3, 4 and 5, and as three months 9. The learned standing counsel passed detailing the house sites issued either to the Petitioners family members i.e. wife or father respectively, dispute to the allotments mentioned in the tabular statement by the Petitioners. The tabular statement reads as under: on tabular statement or to the close There is no serious 5 SI. Case No. Patta Holder Name Current Status of the house Patta Place Patta issued date No No. 1. W.P.No.9426/2025 Bondada Suvarna (Self) Pucca Building completed 1934 Taliakodu 25.12.2020 2. W.P.No.9325/2025 Bhupati Usha Rani, W/o Bhupati Samuyelu (Wife of Petitioner) Katikitala Hemalatha W/o Katikitala Venkataratnam 1553 Taliakodu 23.10.2024 3. W.P.No.9430/2025 1906 Pucca Building completed Taliakodu 25.12.2020 (Wife of Petitioner) 4. W.P.No.9548/2025 Gundugollu Mariyamma, W/o Gundugollu Venkatanna 1933 Pucca Building completed Taliakodu 25.12.2020 (Wife of Petitioner) 5. W.P.No.9746/2025 Chitturi 3078 Taliakodu 23.10.2024 Pushparajyam, W/o Chitturi Raju (Wife of Petitioner) 6. W.P.No.9750/2025 Saimatia 3084 Under construction Tallkodu 25.12.2020 Pushparajyam, W/o Saimatia Chittimoshe Wife of Petitioner) 7. W.P.No.9910/2025 Katikitala 2071 Pucca Building completed Taliakodu 25.12.2020 Mariyamma, W/o Katikitala Chinasudarshanam (Wife of Petitioner) Madda Premanandam 8. W.P. No.9912/2025 1828 G+2 Under construction Taliakodu 25.12.2020 IMl 9. W.P.No.9920/2025 LIngampalli Subharani, W/o Lingampalli Moses (Wife of Petitioner) Katikitala Pedda 2179 Under Construction Taliakodu 25.12.2020 10. W.P.No.9923/2025 50 Pucca Building completed Pucca Building completed Dharma- puram 31.05.1992 Yesu (Self) 11. W.P.No.9929/2025 Pallikonda Yesupadam (Self) 46 Dharmap uram 31.05.1992 12. W.P.No. 11369/2025 Pallikonda Marthamma (Self) 1911 Under Construction Taliakodu 25.12.2020 13. W.P.No. 11502/2025 Varasala Chitti 39 Pucca Building completed Dharma- puram 31.05.1992 Moshe (Father of I Petitioner) The above tabular statement shows that the house site pattas were allotted to the Petitioners and construction is also taken up by the 10. 6 \ Respondent-authorities for majority of the allottees. Though this aspect of construction of house sites and the status of construction is being disputed by the Petitioners, the same would not be of any relevance since the possession of the Petitioners in the said land is protected only till orders of allotment were passed in favour of the Petitioners. 11. In view of the allotment of house site pattas, the order of this Court in W.P.No.500 of 2010, dated 18.01.2017 is complied with by the Respondent-authorities and the Petitioners cannot sustain to extend their stay in the tank bed area, as the same would be in contravention of the orders passed by this Court referred above. In view of the above, this Court does not find 12. any reason to interfere with the impugned orders. Therefore, the Writ Petitions dismissed. No order as to costs. As a sequel, pending applications, if are any, shall stand closed. Sd/- U.SRI DEVI ASSISTANT REGISTRAR //TRUE COPY// drot^OFFICER SE To, 1. One CC to Sri Yaswanth Gade, Advocate [OPUC] 2. One CC to Smt. Sireesha Rani Vallabhaneni, SC for Municipalities[OPUC] 3. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] 4. Three CD Copies. ssb "I HIGH COURT DATED:17/06/2025 COMMON ORDER WP Nos.9426, 9325, 9430, 9548, 9746, 9750, 9910 9912, 9920, 9923, 9929, 11369 and 11502 OF 2025 ^ 11 JUL 2025 ^SXurrent Sectiga^ ★ Co, to: Pi DISMISSING THE WRIT PETITIONS WITHOUT COSTS