APHC010316812019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14742/2019 Between: 1. UNDAMATLA CHANDRAVATHI,, W/O.LATE SUBBA RAO, AGED 70 YEARS, R/O.KESAVARAM, MANDAPETA MANDAL, EAST GODAVARI DISTRICT. 2. UNDAMATLA SRINU,, S/O.LATE SUBBA RAO, AGED 42 YEARS, R/O.KESAVARAM, MANDAPETA MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, AT KAKINADA. 3. THE TAHSILDAR, MANDAPETA, EAST GODAVARI DISTRICT. 4. THE KESAVARAM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, KESAVARAM, MANDAPETA MANDAL, EAST GODAVARI DISTRICT. 5. MR N SUBBA RAO, S/O.CHINA SATYAM, AGED ABOUT 50 YEARS, PANCHAYAT SECRETARY, KESAVARAM GRAM PANCHAYAT, MANDAPETA MANDAL, EAST GODAVARI DISTRICT. ...RESPONDENT(S): 2 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 issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.4 in issuing Notice dated 17-9-2019 and sent the same by Regd. Post on 18-9- 2019 and trying to dispossess and trying to demolish the Petitioners' house bearing No. 12-109, Meraka Veedhi, Kesavaram Village, Mandapeta Mandal, East Godavari District, as arbitrary, illegal, violation of principles of natural justice, unconstitutional, without jurisdiction, contrary to the Orders dated 13- 8-2019 passed in Writ Petition No.10150/2019, and to pass 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 direct the Respondents not to dispossess and not to demolish the Petitioners' house bearing N0.12-109, Meraka Veedhi, Kesavaram Mandal, East Godavari District, pending disposal of the above writ petition, and to pass IA NO: 1 OF 2024 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 may be pleased to grant leave to the petitioner herein/respondent No.4 in WP.No. 14742 of 2019 to file counter affidavit in the above writ petition and pass Counsel for the Petitioner(S): 1. BOLLA VENKATA RAMA RAO Counsel for the Respondent(S): 1. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 2. GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: 3 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14742/2019 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 respondent No.4 in issuing Notice dated 17.09.2019 and sent the same by Regd. Post on 18.09.2019 and trying to dispossess and trying to demolish the petitioners' house bearing No.12-109, Meraka Veedhi, Kesavaram Village, Mandapeta Mandal, East Godavari District, as arbitrary, illegal, violation of principles of natural justice, unconstitutional, without jurisdiction, contrary to the Orders dated 13.08.2019 passed in Writ Petition No.10150/2019 and pass such other order. 2. Heard learned counsel for the petitioners, the learned Government Pleader for the respondent Nos.1 to 3 and the learned Standing Counsel for respondent No.4. 3. Learned counsel for petitioners straight away takes this Court through the order, dated 13.08.2019, passed by this Court in W.P.No.10150 of 2019 as the facts and circumstances of this case are one and the same. 4. Learned Government Pleader and the learned Standing Counsel does not refute the submission made by the learned counsel for the petitioners. 5. Relevant paragraph of the order passed in W.P.No.10150 of 2019 is extracted hereunder: 4 “Taking into consideration of the facts and circumstances of the case and in view of the undertaking given by the learned standing counsel, the notice dated 21.06.2019 and 03.07.2019 are hereby set aside, leaving it open to the respondents to follow due process of law while initiating any action against the petitioners. With the above observations, the writ petition is disposed of at the admission stage. No costs.” 6. In view of the same, for the reasons alike in the aforesaid order, this Writ Petition is also disposed of by setting aside the notice dated 17.09.2019, and leaving it open to the respondents to follow due process of law while initiating any action against the petitioners. No costs. 7. Registry is directed to attach a copy of the order dated 13.08.2019 passed by this Court in W.P.No.10150 of 2019 to this order. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 03.09.2025 TTPPSS 5 219 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.14742 OF 2019 03.09.2025 TTPPSS