APHC010208852019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9104/2019 Between: 1. MILK PRODUCERS CO-OPERATIVE SOCIETY,, VELPURU, VELPURU VILLAGE, ATCHAMPET MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH REP. BY ITS PRESIDENT, SRI PATCHA RAMA RAO, S/O. LINGAIAH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR. 2. GRAM PANCHAYAT VELPURU, REP. BY ITS SARPANCH, VELPURU VILLAGE, ATCHAMPET MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT, VELPURU, ATCHAMPET MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. 4. THE ANDHRA PRADESH CAPITAL REGION DEVELOPMENT AUTHORITY, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH, REP. BY ITS COMMISSIONER. ...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 toto pass an order or orders, direction or writ more particular one in the nature of writ of MANDAMUS declaring the action of respondents in taking steps to dispossess the petitioner society by demolishing structures/buildings in the schedule property i.e., an extent of 325 sq. yards of site in D. No. 305/A of Velpuru Village limits, .4tchampet Mandal, Guntur District without following due process of law and in contravention to Andhra Pradesh Capital Region Development Authority Act, 2014 as arbitrary, illegal, highhanded, violative of principles of natural justice and fundamental rights under Articles 14, 19 and 300A of the Constitution of India and consequently, permanently restrain the respondents from interfering with the peaceful possession of the petitioner over the schedule property IA NO: 1 OF 2019 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 direct the respondents and any other persons acting based on their orders/directions, not to take any coercive steps either to demolish or to dispossess the petitioner society from the schedule property i.e., an extent of 325 sq. yards of site in D. No. 305/A of Velpuru Village limits, Atchampet Mandal, Guntur District, pending disposal of the writ petition IA NO: 2 OF 2019 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 direct the Respondents No. 5 and 6 to provide protection to the Petitioner Society against the illegal encroachers in setting up Reverse Osmosis(RO) plant in the schedule property i.e an extent of 325 sq.yards of site in D.No. 305/A of velpuru Village limits, Atchampet Mandal, Guntur District, Pending disposal of the writ petition and pass IA NO: 3 OF 2019 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 implead Respondents No. 5 and 6 in the above writ petition and also in I.A No. 1 of 2019 and pass Counsel for the Petitioner: 1. DODDALA YATHINDRA DEV Counsel for the Respondent(S): 1. G SESHADRI(SC FOR MPP ZPP) 2. THE ADVOCATE GENERAL (AP) 3. GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.9104 2019 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to pass an order or orders direction or writ more particular one in the nature of writ of MANDAMUS declaring the action of respondents in taking steps to dispossess the petitioner society by demolishing structures/buildings in the schedule property i.e., an extent of 325 sq. yards of site in D.No.305/A of Velpuru Village limits Atchampet Mandal, Guntur District without following due process of law and in contravention to Andhra Pradesh Capital Region Development Authority Act, 2014 as arbitrary, illegal, highhanded, violative of principles of natural justice and fundamental rights under Articles 14, 19 and 300-A of the Constitution of India and consequently, permanently restrain the respondents from interfering with the peaceful possession of the petitioner over the schedule property and pass such other order or orders...” 2. Heard learned counsel for petitioner and learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner herein is a registered cooperative society which has been engaged in the business of milk trading and providing input subsidies in the velupuru village since 1979. Later, the petitioner constructed a building to perform its operations and to render services in the land admeasuring to an extent of 325 Sq.yds in D.No.305/A of Velupuru Village limits, Atchampeta Mandal, Guntur District. While so, without issuing any notice and without following due process of law, the respondent authorities, more particularly, respondent Nos. 2 and 3 are trying to dispossess the petitioner society by demolishing the structures/ building in the subject schedule property. Hence, the writ petition. 4. On the other hand, learned Government Pleader for the respondents categorically submits that respondent Nos. 2 and 3 are not interfering with the peaceful possession and enjoyment of the petitioner’s schedule property. He further submits that demolition of the compound wall of the petitioner’s society is due to hitting by the farm equipment tractor but not by the Gram Panchayat. If the construction and the land of the society is classified as Government land or Gram Panchayat land, the respondents will follow due process of law either for demolition or eviction of the petitioner’s society. 5. Considering the submissions made by the learned counsel for the petitioner, 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 respondent Nos. 2 to 4 not to interfere with the peaceful possession and enjoyment of the property of the petitioner without following due process of law. 6. With the above direction, the writ petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions, pending, if any, shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J Date:19.08.2025 BSP 26 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.9104 OF 2019 DATED:19.08.2025 BSP