IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 16656 OF 2024 Between: 1. L.Pushpa Raju, s/o L.C.Nagaiah, Aged- 45 Years, Occ; Cultivation, R/o Upparapalli Gram Panchayath, Anantapur (m), Anantapur District. 2. B.Padmavathi, w/o Pushpa Raju, Aged- 34 Years, Occ- House Wife, R/o Upparapalli Gram Panchayath, Anantapur (m), Anantapur District. 3. M.Narayanamma, w/o M.Ramanjineyulu, Aged- 48 Years, Occ: House Wife, R/o Upparapalli Gram Panchayath, Anantapur (m), Anantapur District 4. V.Anjinamma, w/o V.Hanumanthu, Aged- 53 Years, Occ- House Wife, R/o Upparapalli Gram Panchayath, Anantapur (m), Anantapur District. 5. M.Ramu, s/o Malleshappa, Aged- 43 Years, Occ- Cultivation Upparapalli Gram Panchayath, Anantapur (m), Anantapur District. ...Petitioners R/o AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Panchayath Raj, Secretariat, Velagapudi, Guntur District 2. The District Panchayath Officer, Anantapur, Anantapur District 3. The Tahsildhar, Anantapur Rural Mandal, Anantapur District 4. Upparapalli Gram Panchayath, Rep by its Panchayath Secretary Upparapalli, Anantapur Rural (m), Anantapur District ...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, order or direction more particularly one in nature of Writ of Mandamus declaring the action on the part of Officials of Respondents 3 and 4 in issuing directions to Petitioners to vacate from their respective Housing Plots bearing Plot Numbers 10, 9, 127, 42, 186 respectively admeasuring an extent of 20 X 30 feet in Survey Number 194- 8 situated at Upparapalli Village, Anantapur Rural Mandal, Anantapur District without following due process of law as illegal, arbitrary, against principles of natural justice and consequently direct the Respondents 3 to 4 to not to dispossess the Petitioners from their respective Housing Plots bearing Plot Numbers 10, 9, 127, 42, 186 respectively admeasuring an extent of 20 X 30 feet in Survey Number 194-8 situated at Upparapalli Village, Anantapur Rural Mandal, Anantapur District without following due process of law. lA 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 to direct the Respondents 3 to 4 to not to dispossess the Petitioners from their respective Housing Plots bearing Plot Numbers 10, 9, 127, 42, 186 respectively admeasuring an extent of 20 X 30 feet in Survey Number 194-8 situated at Upparapalli Village, Anantapur Rural Mandal, Anantapur District without following due process of law. Counsel for the Petitioner: SRI K NARASIMHA RAO LEARNED COUNSEL REPRESENTING SRI. N CHANDRA SEKHAR REDDY Counsel for the Respondent Nos. 1&2: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.3: GP FOR REVENUE Counsel for the Respondent No.4: SRI VIDYA SAGAR LEARNED COUNSEL APPEARING ON BEHALF OF SRI SUDHIR METTAGUNTA (SC FOR GRAM PANCHYAT) The Court made the following order: APHC010326122024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 16656/2024 Between: AGED- 45 YEARS, OCC- R/0 UPPARAPALLI GRAM PANCHAYATH, 1.L.PUSHPA RAJU, S/0 L.C.NAGAIAH CULTIVATION ANANTAPUR (M), ANANTAPUR DISTRICT 2.B.PADMAVATHI, W/OPUSHPA RAJU, HOUSE WIFE, ANANTAPUR (M), ANANTAPUR DISTRICT 3.M.NARAYANAMMA, W/0 M.RAMANJINEYULU, AGED- 48 YEARS, OCC- HOUSE WIFE, R/0 UPPARAPALLI GRAM PANCHAYATH, ANANTAPUR (M), ANANTAPUR DISTRICT AGED- 34 YEARS, OCC- R/0 UPPARAPALLI GRAM PANCHAYATH, 4.V.ANJINAMMA, W/0 V.HANUMANTHU, AGED- 53 YEARS, OCC- R/0 UPPARAPALLI GRAM PANCHAYATH, HOUSE WIFE, ANANTAPUR (M), ANANTAPUR DISTRICT AGED- 43 YEARS, OCC- R/0 UPPARAPALLI GRAM PANCHAYATH, 5.M.RAMU, S/0 MALLESHAPPA, CULTIVATION ANANTAPUR (M), ANANTAPUR DISTRICT ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATH RAJ, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2 2.THE DISTRICT PANCHAYATH OFFICER, ANANTAPUR, ANANTAPUR DISTRICT 3.THE TAHSILDHAR, ANANTAPUR RURAL MANUAL, ANANTAPUR DISTRICT 4.UPPARAPALLI GRAM PANCHAYATH, REP BY ITS PANCHAYATH SECRETARY UPPARAPALLI, ANANTAPUR RURAL (M), ANANTAPUR DISTRICT ...RESPONDENT(S): Counsel for the Petitioner(S): 1. N CHANDRA SEKHAR REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR PANCHAYAT RAJ RURAL DEV 3.MATTEGUNTA.SUDHIR,STANDING COUNSEL FOR Z.P.PS,M.P.PS,GRAM PANCHAYATS The Court made the following: ORAL ORDER: Heard Sri K. Narasimha Rao, learned Counsel representing Sri N. Chandra Sekhar Reddy, learned Counsel for the Writ Petitioners; Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue and Sri Vidya Sagar, learned Counsel appearing on behalf of Sri Sudhir Mattegunta, learned Standing Counsel for Gram Panchayat. The present Writ Petition is filed seeking the following relief: 2. "..pleased to issue a Writ, order or direction more particularly one in nature of Writ of Mandamus declaring the action on the part of Officials of Respondents 3 and 4 in issuing directions to Petitioners to vacate from their respective Housing Plots bearing Plot Numbers 10, 9, 127, 42, 186 respectively admeasuring an extent of 20 X 30 feet in Survey Number 194-8 situated at Upparapalli Village, Anantapur Rural Mandal, Anantapur District without following due process of law as illegal, arbitrary, against principles of natural justice 3 and consequently direct the Respondents 3 to 4 to not to dispossess the Petitioners from their respective Housing Plots bearing Plot Numbers 10, 9, 127, 42, 186 respectively admeasuring an extent of 20 X 30 feet in Survey Number 194-8 situated at Upparapalli Village, Anantapur Rural Mandal, Anantapur District without following due process of law and to pass...” 3. The Respondent No.4, namely, Upparapalli Gram Panchayat, represented by its Panchayat Secretary, has filed Counter-Affida vit on 05.01.2025. The relevant portion of the Counter-Affidavit is usefully extracted hereunder: “2. It is Humbly submitted that the above writ petition is filed pleased to issue a Writ order or direction more particularly one in nature of Writ of Mandamus declaring the action on the part of Officials of Respondents 3 and 4 in issuing directions to Petitioners to vacate from their respective Housing Plots bearing Plot Numbers 10, 9, 127, 42, 186 respectively admeasuring an extent of 20 X 30 feet in Survey Number 194-8 situated at Upparapalli Village Anantapur Rural Mandal Anantapur District without following due process of law as illegal arbitrary against principles of natural justice and consequently direct the Respondents 3 to 4 to not to dispossess the Petitioners from their respective Housing Plots bearing Plot Numbers 10, 9, 127, 42, 186 respectively admeasuring an extent of 20 X 30 feet in Survey Number 194- 8 situated at Upparapalli Village, Anantapur Rural Mandal, Anantapur District, without following due process of law and to pass. 3. It is humbly submitted that this Gram panchayat is not interfering with the property of the petitioner at any point of time and this respondent did not issue any notice to the petitioner and not taking steps to dispose of the petitioner from the above said property i.e., Sy No. 194-8 Upparapalli Village, Anantapur Rural Mandal, Anantapur District. ” The above extract would indicate that Respondent No.4 has not interfered with the property of the Petitioners at any point in time and that the said Respondent did not issue any notice to the Petitioners nor is the said Respondent taking any steps to dispossess the Petitioners from the above said property, namely, Sy No.194-8, Upparapalli Village, Anantapur Rural Mandal, Anantapur District. ^ 4. 4 Having regard to the above extract, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the merit, directing the Respondents to follow the due process of law if any coercive action is sought to be taken against the Writ Petitioners in the future. 5. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 6. Interlocutory Applications, if any, stand closed in terijis of this order. Sd/-B.PRASADA RAO ASSISTANT REGISTRAR 7. //TRUE COPY// /S' SECTION OFFICER To, 1. The Principal Secretary, Department of Panchayath Raj, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The District Panchayath Officer, Anantapur, Anantapur District. 3. The Tahsildhar, Anantapur Rural Mandal, Anantapur District 4. The Panchayath Secretary, Upparapalli Gram Panchayath, Upparapalli Anantapur Rural (m), Anantapur District 5. One CC to Sri. N Chandra Sekhar Reddy Advocate [OPUC] 6. One CC to Sri. M Sudhir SC for ZPP, MPP & GP [OPUC] 7. Two CCs to GP for Panchayat Raj Rural Dev, High Court Of Andhra Pradesh. [OUT] 8. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 9. Three CD Copies GSC V. f HIGH COURT DATED:03/03/2025 ORDER WP.No.16656 of 2024 ^ AND>^ t 19 MAR 2025 ^ . Current Seciion ^ DISPOSING OF THE WP WITHOUT COSTS