APHC010200162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11056/2025 Between: 1. KANCHARLA VENKATA RAMANAMMA, W/O KONDAPA NAIDU, AGED ABOUT 45 YEARS, R/O NEREDUPALLI VILLAGE, VINJAMUR MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, PANCHAYAT RAJ AND RURAL DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 3. THE MANDAL PARISHAD DEVELOPMENT OFFICER, VINJAMUR MANDAL, SPSR NELLORE DISTRICT. 4. THE TAHSILDAR, VINJAMUR MANDAL, SPSR NELLORE DISTRICT. 5. THE VINJAMUR GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, VINJAMUR VILLAGE, VINJAMUR MANDAL, SPSR NELLORE DISTRICT. 6. THE STATION HOUSE OFFICER, VINJAMUR POLICE STATION, SPSR NELLORE DISTRICT. 7. KOMML RAMANAIAH, S/O KOMMI VENKAIAH, AGED ABOUT 75 YEARS R/O NEREDUPALLI VILLAGE, VINJAMUR MANDAL, SPSR NELLORE DISTRICT. 2 ...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 Orders more particularly one in the nature of a WRIT OF MANDAMUS declaring the action of the respondents in interfering with peaceful possession and enjoyment of petitioners house site with an extent of 20 ankanams comprised in Sy.no 1182 of Neredupalli Village, Vinjamur Mandal, SPSR Nellore District, as illegal, arbitrary and unconstitutional and consequently direct the respondents not to dispossess the petitioner from their house site with an extent of 20 ankanams in Sy.no 1182 of Neredupalli Village, Vinjamur Mandal, SPSR Nellore District and pass IA 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 pleased to direct the respondents not to dispossess the petitioner from their house site with an extent of 20 ankanams comprised in Sy.no 1182 of Neredupalli Village, Vinjamur Mandal, SPSR Nellore District without following due process of law in the interest of justice pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11056/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in interfering with peaceful possession and enjoyment of petitioner’s house site with an extent of 20 ankanams comprised in Sy.No.1182 of Neredupalli Village, Vinjamur Mandal, SPSR Nellore District, as illegal, arbitrary and unconstitutional and consequently direct the respondents not to dispossess the petitioner from their house site with an extent of 20 ankanams in Sy.No.1182 of Neredupalli Village, Vinjamur Mandal, SPSR Nellore District and pass such other order.” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the house site admeasuring to an extent of 20 ankanams in Sy.No.1182 of Neredupalli Village, Vinjamur Mandal, SPSR Nellore District. Out of 20 Ankanams of house site, the petitioner constructed RCC roofed house in the land admeasuring to an extent of 6 ankanams and residing in the said house. The petitioner is using another piece of vacant land adjacent to the house admeasuring to an extent of 6 ankanams, which is a gramkantam land to rear livestock/cattle. While things stood thus, the respondents highhandedly demolished 4 the fencing stones and trying to lay cement road. Further without issuing any notice and without following due procedure, the respondents orally directed the petitioner to vacate the subject land. Hence, the present Writ Petition. 4. Learned Government Pleader for the respondents furnished the written instructions, wherein it is stated as follows: “It is submitted that this Gram Panchayat issued a notice dated 05.12.2024 to the petitioner regarding removal of cattle from the public road as it is causing public nuisance but the petitioner refused to take the notice and there is a chance of spreading viral diseases to the people of that locality due to tying of buffaloes on the road there is difficulty for the ingress and egress of the villagers on the road. So that, this Grama Panchaya issued a notice for removal of cattle from the road without removing the cattle on the road, so the petitioner came before this court and filed this petition.” 5. Having regard to the submissions made by the learned counsel for the petitioner and on perusal of the written instructions furnished by the learned Government Pleader for the respondents, it is observed that the respondents issued a notice dated 05.12.2024 to the petitioner for removal of cattle shed from the public road only, and the respondents did not take any steps to dispossess the petitioner from her subject land. This Court deems it appropriate to dispose of the Writ Petition directing the respondents not to 5 dispossess the petitioner from their subject house property, without following due process of law. 6. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 1155..0077..22002255 TTPPSS 6 47 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:11056 of 2025 1155..0077..22002255 TTPPSS