APHC010297812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14915/2025 Between: 1. BELLAMKONDA VENKATESWARLU @ VENKATES, S/O ESWARAIAH, AGED ABOUT 46 YEARS, R/O KAKUTURU VILLAGE, VENKATACHALAM MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY REVENUE DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 3. THE TAHSILDAR, VENKATACHALAM MANDAL, SPSR NELLORE DISTRICT. 4. AMBAVARAPU SUDHAKAR REDDY, S/O NOT KNOWN TO THE PETITIONER. MANAGER IN TIRUMALA MILK DAIRY, R/O NEAR BODANAM TOOL PLAZA, CHILLAKURU MANDAL, TIRUPATI DISTRICT. ...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 site with an extent of 20 Ankanams comprised in Sy.no. 84/4, near Silpa Saala, kakuturu 2 Village, Venkatachalam Mandal, SPSR Nellore District, as illegal, arbitrary and unconstitutional and consequently direct the respondents not to dispossess the petitioner from their site with an extent of 20 Ankanams comprised in Sy.no. 84/4 near Silpa Saala, Kakuturu Village, Venkatachalam 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 site with an extent of 20 Ankanams comprised in Sy.no. 84/4 near Silpa Saala, Kakuturu Village, Venkatachalam Mandal, SPSR Nellore District without following due process of law in the interest of justice pending disposal of the above Writ Petition and pass IA NO: 2 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 implead the proposed Respondent No. 5 as the Respondent Nos. 5 in W.PNo. 14915 of 2025 for proper adjudication of the said writ petition, and to pass Counsel for the Petitioner: 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14915/2025 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 site with an extent of 20 Ankanams comprised in Sy.No.84/4, near Silpa Saala, Kakuturu Village, Venkatachalam Mandal, SPSR Nellore District, as illegal, arbitrary and unconstitutional and consequently direct the respondents not to dispossess the petitioner from the site with an extent of 20 Ankanams comprised in Sy.No.84/4 near Silpa Saala, Kakuturu Village, Venkatachalam Mandal, SPSR Nellore District and pass such other order.” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for respondent Nos.1 to 3 and learned Standing Counsel for respondent No.5. 3. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the subject land admeasuring to an extent of 20 ankanams in Sy.No.84/4, near Silpa Saala, Kakuturu Village, Venkatachalam Mandal, SPSR Nellore District, having acquired the same from his ancestors. The petitioner is running shop in the name and style of ‘Vinayaka Cool Drinks, Tea and Tiffins’ in an extent of 5 ankanams in the subject land. Further 4 the petitioner is paying electricity bills regularly. While so, without issuing any notice and without following due process of law, the respondents are trying to interfere with the peaceful possession and enjoyment of the petitioner over the subject property. 4. Learned Government Pleader for respondent Nos.1 to 3 furnished written instructions dated 18.06.2025 issued by the 3rd respondent, wherein it is stated as follows: “It is submitted that, on verification of RSR of Kakutur Village, the Sy.No.84/4 had been sub-divided from Sy.No.84/2 and on verification of RSR of Kakutur Village, the Sy.No.84/2 with an extent of Ac.42.48 cents had been classified as “AW Dry”. It is submitted a layout was laid for distribution of house site pattas in the year 2004 in Sy.No.84/3 and 84/6 and the Mandal Surveyor, Venkatachalam had submitted the sketch that the present Writ Petitioner Sri Bellamkonda Venkatewarlu @ Venkatesu, S/o.Eswaraiah was claiming the land to an extent of 20 ankanams in Sy.No.84/8 which is existing Panchayat Road and the said “Panchayat Road” is vested with the Panchayati Raj Department as per category-A vide G.O.Ms.No.188 Panchayati Raj and Rural Development (Pts-IV) Department dated 21.07.2011 and further Revenue Department has no jurisdiction over the Panchayat Road as the land vested with the Panchayati Raj Department as per Category-A vide G.O.Ms.No.188 Panchayati Raj and Rural Development (Pts-IV) Department dated 21.07.2011.” 5 5. Learned Standing Counsel for the 5th respondent furnished written instructions, wherein it is stated as follows: “It is humbly submitted that this gram panchayat is not interfering with the property of the petitioner at any point of time. This gram panchayat is not trying to dispossess petitioner from the disputed land.” 6. 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 respondent Nos.1 to 3 and the learned Standing Counsel for respondent No.5, it is observed that the respondents are neither interfering nor dispossessing the petitioner from the subject land. It is only an apprehension of the petitioner that the respondents are trying to dispossess the petitioner from the subject property. Hence, this Court deems it appropriate to dispose of the Writ Petition directing the respondents, if they intend to dispossess the petitioner from the subject property, they shall follow due process of law. 7. With the above direction, 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 0077..0077..22002255 TTPPSS 6 212 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:14915 of 2025 0077..0077..22002255 TTPPSS