APHC010319542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16193/2025 Between: 1. UMMADI ASIRVADAM,, S/O. DEVADANAM, AGED 56 YEARS, OCC- RETD. PARA-MILITARY, R/O. CPRIYANNPET VILLAGE, CHINTHALAPUDI MANDAL ELURU DISTRICT, (FORMERLY WEST GODAVARI DISTRICT). ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ELURU DISTRICT AT ELURU, (FORMERLY WEST GODAVARI DISTRICT). 3. THE CHINTALAPUDI MUNICIPALITY, , REP.BY ITS COMMISSIONER, CHINTALAPUDI, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). 4. THE TAHSILDAR, CHINTALAPUDI MANDAL CHINTHALAPUDI, ELURU DISTRICT, (FORMERLY WEST 2 GODAVARI 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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents, particularly Respondent No. 3 and 4 in trying to dispossess the Petitioner from his house site situated in an extent of Ac. 0.03 Cents covered by Sy. No. 716/3 of Chinthalapudi Village and Mandal, Eluru District, Erstwhile West Godavari District, without acquiring the same by following any known procedure established by law, as illegal, irregular, voilative of provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Rules framed there under and offends Articles 14, 21 and 300-A of the constitution of India and consequently direct the Respondents particularly Respondent No. 3 and 4 not to interfere with petitioners said house site property 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 may be pleased to direct the Respondents particularly Respondent No. 3 and 4 not to interfere with possession of petitioner’s house site property situated in an extent of Ac. 0.03 Cents covered by Sy. No. 716/3 of Chinthalapudi Village and Mandal, Eluru District, Erstwhile West Godavari District, pending disposal of main writ petition and pass Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 3 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 4 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.16193 of 2025 O R DE R: The present writ petition is filed question the action of Respondent Nos.3 and 4 in trying to dispossess the Petitioner from his house situated in an extent of Ac.0.03 cents covered by Sy.No.716/3 of Chinthalapudi Village and Mandal, Eluru District, without following any procedure recognized under law as illegal and arbitrary. 2. Petitioner claims to be the owner of house property in question. The house site patta was assigned to him on 07.04.2006 by the then Mandal Revenue Officer and ever since he has been in possession of the said property. As there was threat of dispossession, the present writ petition is filed. 3. Learned standing counsel for Respondent No.3 denied the interference urged by the Petitioner. 4. Learned Assistant Government Pleader appearing for Respondent Nos.2 to 4 would submit that the patta produced by the Petitioner is a fabricated document as the property in question form part of Government Poramboke – Cheruvu (Tank) and is not 5 eligible to grant patta. However, it is admitted that the Petitioner is in possession of the property by constructing an iron sheets shed in the property in question. 5. Considering the submission of the learned Assistant Government Pleader and as it is not in dispute that the Petitioner is in possession of the property in question, the writ petition is disposed of with the following directions: (i) In further action against the Petitioner, the Respondent- authority shall follow the procedure prescribed under law. (ii) No order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 03.07.2025 KLP 6 //TRUE COPY// NYAPATHY VIJAY,J To, 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ELURU DISTRICT AT ELURU, (FORMERLY WEST GODAVARI DISTRICT). 3. THE CHINTALAPUDI MUNICIPALITY, , REP.BY ITS COMMISSIONER, CHINTALAPUDI, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). 4. THE TAHSILDAR, CHINTALAPUDI MANDAL CHINTHALAPUDI, ELURU DISTRICT, (FORMERLY WEST GODAVARI DISTRICT). 5. Two CD Copies 7 HIGH COURT VNJ DATED:03/07/2025 ORDER WP 16193/2025