APHC010281002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0*^ THURSDAY,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14175 OF 2025 Between: 1. Sabbella Srinivasa Reddy, S/o. Sabbella Ramachandra Reddy, Aged about 40 years, Occ Business, R/o. D.No. 1-43, Komaripalem village, Bikkavolu Mandal, East Godavari District. 2. Sabbella Adilakshmi, W/o. Sabbella Srinivasa Reddy, Aged about 37 years, Occ; Housewife, R/o. D.No. 1-43, Komaripalem village, Bikkavolu Mandal, East Godavari District. ...Petitioners AND 1. The State of Andhra Pradesh, Represented by its Special Chief Secretary, Revenue Department, Secretariat Buildings, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, East Godavari District At Rajamahendravaram. 3. The Revenue Divisional Officer, Rajamahendravaram, East Godavari District). 4. The Tahsildar, Bikkavolu Mandal, East Godavari District). 5. The Superintendent Engineer, Roads and Buildings, Bikkavolu, East Godavari District 6. The Komaripalem Gram Panchayat, Represented by its Panchayat Secretary, Komaripalem village, Bikkavolu Mandal, District. 7. Gudimetia Veera Raghava Reddy, S/o Satyanarayana Reddy, Aged 50 years, R/o Komaripalem Village, District East Godavari Bikkavolu Mandal, East Godavari ...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 or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents herein particularly Respondent No. 4 to 6 in interfering with the Petitioners peaceful possession and enjoyment of the Land and tiled house with D.No. 1-43 and 1- 43/1 situated at Sy.No.397/1 of Komaripalem village, Bikkavolu Mandal, East Godavari District without issuing any notice to the petitioners declaring that the survey is conducted and the building therein available will be demolished soon by issuing the impugned proceedings by the Respondent No.4 vide Rc.No. S.B/ /2025 dated 02.06.2025 nothing but illegal, arbitrary, erroneous, highhanded, violative Article 14, 21 and 300 A of The Constitution of India and consequently direct the Respondents No. 4 to 6 not to interfere with the Petitioners Peaceful possession and enjoyment of the land and building with D.No. 1-43 and 1-43/1 of Komaripalem village, Bikkavolu Mandal , East Godavari District. as 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 direct the Respondent No. 4 to 6 not to interfere with the Petitioner’s peaceful possession and enjoyment of the Land and house with D.No. 1-43 and 1- <2^ 43/1 situated at Sy.No.397/1 of Komaripalem village, Bikkavolu Mandal, East Godavari District, pending disposal of the above Writ Petition. Counsel for the Petitioners: SRI A K KISHORE REDDY Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent No. 5: GP FOR ROADS AND BUILDINGS Counsel for the Respondent No. 6: SRI Y KOTESWARARAO SC FOR ZPP, MPP AND GP The Court made the following order: APHC010281002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14175/2025 Between: Sabbella Srinivasa Reddy and Others ...PETITIONER(S) AND The State Of Ap and Others Counsel for the Petitioner(S): 1.A K KISHORE REDDY Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: ...RESPONDENT(S) 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14175/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking following relief: ‘‘to issue a Writ or order or direction more particularly one In the nature of WRIT OF MANDAMUS declaring the action of the Respondents herein particularly Respondent Nos. 4 to 6 in interfering with the Petitioners peaceful possession and enjoyment of the Land and tiled house with D.No.1-43 and 1-43/1 situated at Sy.No.397/1 of Komaripalem village, BIkkavolu Mandal, East Godavari District without issuing any notice to the petitioners declaring that the survey is conducted and the building therein available will be demolished soon by issuing the Impugned proceedings by the Respondent No. 4 vide Rc.No.S.B/ /2025 dated 02.06.2025 as nothing but illegal, arbitrary, erroneous, highhanded, violative Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Respondent Nos. 4 to 6 not to Interfere with the PetitioneFs Peaceful possession and enjoyment of the land and building with D. No. 1-43 and 1-43/1 of Komaripalem village, BIkkavolu Mandal, East Godavari District and pass such other order or orders...’’ Heard learned counsel for the petitioners and learned Government 2. Pleader for the respondents. 3. Learned counsel for the petitioners submits that the petitioners herein are the absolute owners and possessors of the land and building admeasuring to an extent of approximately 130 Sq.yds, bearing D.Nos.1-43 and 1-43/1 in Sy.No.397-1 situated at Komaripalem village, BIkkavolu Mandal, East 3 Godavari District, having acquired the same through two separate registered sale deeds from the original vendor. Later, the petitioner got constructed house in the said land and has been in peaceful possession and enjoyment of the subject house property. While so endorsement dated 02.06.2025 directing the petitioner to remove the encroachments in Sy.Nos.387, 386/6, 388-4, 396, 397/6. Learned counsel for the petitioner further submits that the petitioners are not claiming any rights in respect of the lands in Sy.Nos.387, 386/6, 388-4, 396, 397/6 as mentioned in the endorsement. But, the petitioner is claiming rights and possession in respect of the land in Sy.No.397/1 to an extent of approximately 130 Sq.yds. He further submits that without following due process of law and without observing principles of natural justice, the petitioner cannot be evicted dispossessed from the subject land which was acquired by him through registered deeds. On the other hand, learned Government Pleader for the respondents furnished written instructions dated 06.05.2025, wherein, the relevant portion of the said instructions is extracted hereunder: “It is identified that, the land in Sy.No.397/1 Ac.0.11 cents & Sy.No.397/2 Ac.0.13 cents of Komiripalem Village was sub divided into following: respondent No.4 issued an or 4. SI. No. Sy.No. Extent (Ac. Cts.) 1 397/1A 0.015 2 397/IB 0.085 3 397/2A 0.08 4 4 397/2B 0.06 Further, the land i.e., Ac.0.165 cents In Sy.No.397/1B & 397/2A was acquired for extension bypass road and award w/as also passed with Award No. 1/92, dated 18.03.1992 of LAO & RDO, Rajamahendravaram. During the enquiry, it is identified that, the petitioners i.e., Sri Sabbella Srinivas Reddy, S/o. Sabbella Ramachandra Reddy and Sabbella Adilakshmi, Komiripalem Village, BIkkavolu Mandal has illegally encroached the lands of Savarapu Canal and R & B road in Komiripalem road: the details are as follows: SI. Sy.No Classificat Extent (Ac.Cts.) Record in favour Encroached by No. ion of 397/6 G 0.01 Savarapu Bodhi Sabbella Srinivas Reddy 1 P 397/6 G 0.033 Savarapu Bodhi Sabbella Srinivas Reddy 2 P 397/6 G 0.015 Savarapu Bodhi Sabbella 3 P Adilakshmi 397/1 G 0.03 By pass Road Sabbella Srinivas Reddy 4 B P 397/2 G 0.04 Bypass Road Sabbella Srinivas 5 A P Reddy Further, they constructed permanent structures on the illegally encroached lands of Savarapu Canal and R & B Road.” 5. He further submits that on the guise of 130 Sq.yds in Sy.No.397/1, the petitioner is in occupation of bigger extent of land regarding savarapu Bodhi and Bypass road. Hence, the respondents are taking steps for identifying the encroachments and to remove the same by following due process of law. 5 6. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and on i perusal of the material placed on record, this Court is of the considered view that the petitioner acquired the land admeasuring to an extent of approximately 130 Sq.yds in Sy.No.397/1 through a registered title deed. Once the petitioner acquired the subject property through a registered title deed, the respondents shall follow due process of law as contemplated under the principle laid down by the Hon’ble Apex Court in Government Of Andhra Pradesh vs Thummala Krishna Rao & Anr^. It is further observed that the respondents alleged that the petitioner occupied so much of land in Sy.Nos.387, 386/6, 388-4, 396, 397/6 against which the respondents are at liberty to identify the encroachments and remove the same by following due procedure is valid and sustainable and also having merits to consider the same. 7. In view of the foregoing discussion, the respondents are hereby directed not to interfere with the peaceful possession and enjoyment of the property of the petitioner i.e., land admeasuring to an extent of approximately 130 Sq.yds in Sy.No.397/1 without invoking civil proceedings before Court of law. However, regarding other extent of land which was in alleged illegal occupation of the petitioners as alleged by the respondents, the respondents are at liberty to proceed further by following due process of law. 1982 Law Suit (SC) 81= 1982(2) SCC 134 6 With the above directions, the writ petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// OFFICER SE To, Special Chief Secretary, Revenue Department, State of AP, Secretariat Buildings, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, East Godavari District. At Rajamahendravaram. Revenue Divisional Officer, Rajamahendravaram, East Godavari 1. The 3. The District). 4. The Tahsildar, Bikkavolu Mandal, East Godavari District). 5. The Superintendent Engineer, Roads and Buildings, Bikkavolu, East Godavari District 6. The Panchayat, Komaripalem Gram Panchayait Secretary, Komaripalem village, Bikkavolu Mandal, East Godavari District. 7. One CC to Sri. A K Kishore Reddy Advocate [OPUC] Sri. Y Koteswara Rao SC for ZPP, MPP and GP [OPUC] 8. One CC to 9. Two CCs to GP for Revenue High Court of Andhra Pradesh [OUT] GP for Roads, and Buildings High Court of Andhra Two CCs to Pradesh [OUT] Three CD Copies 10. 11. GSC HIGH COURT DATED:19/06/2025 ORDER WP NO. 14175 OF 2025 yO& 1 i JUL 2025 )| ^^^vCufTentSectiojjX’^/ DISPOSING THE WP WITHOUT COSTS