APHC010258702021 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY ,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: Kakara Lazaru, The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. KOTI REDDY IDAMAKANTI (SC FOR ZPP MPP AND GRAM PAN) 2. GP FOR REVENUE The Court made the following: ORDER The grievance of the petitioner authorities, without following due process of law, are attempting to evict him from his residential house site in an extent of 251 Sq.yards, situated in D.No.10-81, Khandavalli Village, Peravali mandal, West Godavari District for construction of a building for wellne W.P.No.15027 of 2021 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 15027/2021 ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): KOTI REDDY IDAMAKANTI (SC FOR ZPP MPP AND GRAM PAN) The Court made the following: The grievance of the petitioner, in brief, is that the respondent , without following due process of law, are attempting to evict him from his residential house site in an extent of 251 Sq.yards, situated in 81, Khandavalli Village, Peravali mandal, West Godavari District for construction of a building for wellness center. RC,J W.P.No.15027 of 2021 IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI ...PETITIONER ...RESPONDENT(S) KOTI REDDY IDAMAKANTI (SC FOR ZPP MPP AND GRAM PAN) , in brief, is that the respondent , without following due process of law, are attempting to evict him from his residential house site in an extent of 251 Sq.yards, situated in 81, Khandavalli Village, Peravali mandal, West Godavari District for RC,J W.P.No.15027 of 2021 2 2. Heard Sri Kambhampati Ramesh Babu, learned counsel for petitioner, and the learned Standing counsel for ZPP, MPP and Gram Panchayat. 3. Sri Kambhampati Ramesh Babu, learned counsel for petitioner, while reiterating the contents of the writ affidavit, would contend that the petitioner purchased the subject site along with a tiled house and has been living therein and he established a church in a small shed in the vacant place situated in front of his house and he along with other devotees is offering prayers in the said church. The learned counsel would further submit that in the second week of June, 2021, in the absence of the petitioner, the secretary of gram panchayat along with men and machinery came to the subject property and demolished the tiled house, without following any procedure and when enquired the petitioner was informed that the Tahsildar allotted the subject property to the Gram panchayat and the Gram Panchayat is contemplating to construct a wellness centre therein. Though the petitioner tried to convince them that the subject property is his private property, the authorities did not heed his request. The representations submitted by the petitioner to respondent nos.2,3 & 5 requesting them to handover the site to him and permit him to construct the demolish house were not answered. The authorities have no right to interfere with the private property of the petitioner and they have no right to construct wellness centre therein. Accordingly, prayed to allow the writ petition. RC,J W.P.No.15027 of 2021 3 4. The counter affidavit filed by respondent no.5 would indicate that the petitioner had constructed a shed in Bandidari land and the authorities would follow the procedure for removal of the same. 5. In view of the contents of the counter-affidavit that the authorities would follow the due process for removing the shed said to have been constructed in Bandidari land, nothing remains for adjudication in this writ petition. 6. In view of the above, this writ petition is disposed of, directing the authorities to follow due process of law, if they find that the shed was constructed in Bandidari land. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________________________ JUSTICE RAVI CHEEMALAPATI RR