. r 4(S IN THE HIGH COURT OF ANDHRA PRADESH AMARAVA (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12410 OF 2025 Between: Dasari Rama Krishna, S/o. Late D. Basavayya Siddanthi, R/o.D.No.2-60 Ajjamuru Village, Akiveedu Mandal West Godavari District, A aged 67 years Occ; ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department Secretariat Buildings, Amaravati, Velagapudi, Guntur District. 2. The District Collector, West Godavari District, Bhimavaram 3. The Tahsildar, Akiveedu Mandal, W.G.District, AP 4. The Deputy Executive Engineer, R & B Bhimavaram District, A 5. The Assistant Engineer, R& B Department, Akiveedu West Godavari District, AP 6. The Ajjamuru Grama Panchayat Akiveedu Mandal Rep.by its Secretary 7. Vardhineedi Rajeswara Rao, S/o.V.Venkata Ratnam Aged Occ.Unemployee R/o.Near Janardhana Swamy Temple, Ajmuru Village, Akiveedu Mandal West Godavari District . AP -2, West Godavari W.G.District, AP 50 years, AP ...RESPONDENTS praying that in Petition under Article 226 of the Constitution of India 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 w p. nature of a writ of mandamus declaring the Notice in Rc.No.439/2025/B ;^t.21j04-^025 issued by the 3'^ Respondent and the action of the .^respondents 2 to 6 in making efforts to remove the thatched shed and * ' S', dispossess the petitioner from the site admeasuring an extent of 319 Sq;Yards'in R.S.No.25 of Ajjamuru Village, Akiveedu Mandal, W.G. Disrict as highly illegal, arbitrary, contrary to law and 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 HtgP Court may be pleased to direct the respondents 2 to 6 not to interfere with petitioner’s possession and enjoyment of the property to an extent of 319 Sq.yards in R.S.No.25 of Ajjamuru Villge, Akiveedu Mandal, West Goavari District, Andhra Pradesh pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI YASWANTH GADE Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE Counsel for the Respondent Nos.4 & 5: GP FOR ROADS & BUILDINGS Counsel for the Respondent No.6: SRI Y. KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent No.7:---- The Court made the following: ORDER • • b • • THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12410/2025 ORDER:- The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a writ order or direction more particularly one in the nature of a writ of mandamus declaring the Notice in Rc.No.439/2025/B, dt 21.04.2025 issued by the 3”^ Respondent and the action of the respondents 2 to 6 in making efforts to remove the thatched shed and dispossess the petitioner from the site admeasuring an extent of 319 Sq Yards in R.S.No 25 of Ajjamuru Village, Akiveedu Mandal, W G District as highly illegal, arbitrary, contrary to law and violative of Article 19 and 300A of the Constitution of India and consequently to set aside the said notice and pass such other order..” The case of the petitioner is that the impugned notice dated 21.04.2025 was issued by the 3'^'^ respondent, wherein it is stated that the respondent received several complaints from the public alleging that the petitioner had encroached upon the road margin while constructing a house, which allegedly is resulted in obstruction to the free flow on the road 2. and caused accidents, and created difficulties for vehicular traffic and commuters. In order to demarcate the petitioner’s property from the subject road, a notice dated 21.04.2025 was issued, requesting the petitioner to substantiate his rights over the subject property by submitting relevant documents and appearing before the authorities. • • D • • • • oJ ■ ■ 3. The learned counsel for the property is an ancestral petitioner submits that the subject property and that the petitioner has possession and enjoyment of the same for several decades. been in It is further ontended that under the guise of a third-party complaint, the 3'"' respondent is trying to dispossess the petitioner from the subject property due procedure. Hence, the without issuing any notice and without following present writ petition is filed. 4. On the other hand, the learned Assistant Government Pleader for appearing for the respondents, submits that the 3'“ respondent a notice requesting the petitioner to submit documents Revenue, has only issued substantiate his claim to over the subject property and to ascertain encroached or not. Upon receipt of the the 3'"' respondent will pass an appropriate order in accordance with law. whether any portion of the road has been petitioner's explanation and the reievant documents consider the matter and by following due procedure. Heard the learned Government Pleader for Revenue Having regard to the submissions 5. counsel for the petitioners and the learned appearing for the respondents, made by the learned counsel for 6. the petitioner and the learned Assistant appearing for the respondents, and Government Pleader for Revenue upon perusal of the material placed record, it is observed that the impugned notice dated 21.04.2025 i on IS merely ••^T•• a request to tine petitioner for submission of documents to substantiate his claim over the subject property and to ascertain whether any portion of the road margin has been occupied by the petitioner or not. observed that the recitals of the notice do not indicate any intention to dispossess the petitioner from the subject property and it is only an apprehension of the petitioner. Therefore, the petitioner is directed to submit his explanation along with all relevant documents to prove his title the subject property within-a period of two (02) weeks from the date of It is further over receipt of a copy of this order. Upon receipt of the petitioner’s explanation and documents, the 3^^ respondent shall consider the same and pass appropriate orders after providing an opportunity of hearing to the petitioner and other stakeholders, if any, within a period of four (04) weeks. Till then, the respondent authorities are directed not to interfere with the peaceful possession and enjoyment of the subject property by the petitioner. With the above direction, the writ petition is disposed of. There shall 7. be no order as to costs. As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- K. TATA RAO deputy REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Amaravati, Velagapudi, Guntur District. 2. The District Collector, West Godavari District, Bhimavaram, AP 3. The Tahsildar, Akiveedu Mandal, W.G.District, AP 4. The Deputy Executive Engineer, R & B Bhimavaram -2, West Godavari District. A 5. The Assistant Engineer, R& B Department, Akiveedu West Godavari District, AP 6. The Secretary, Ajjamuru Grama Panchayat Akiveedu Mandal, W.G. District, AP. 7. One CC to Sri Yaswanth Gade, Advocate [OPUC] 8. One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUC] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for Roads and Buildings, High Court of Andhra Pradesh. [OUT] 11. Three CD Copies. ssb HIGH COURT DATED;07/05/2025 ORDER WP.No.12410 of 2025 fSTANDHSS 18 JUN 20?5 Si. ^5s^ CurreniSecwon ^ OgSPATC^^ DISPOSING OF THE W.P. WITHOUT COSTS