APHC010332912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16581/2025 Between: 1. P SHAKILA, W/O P.BASHA, AGED ABOUT 52 YEARS, OCC HOUSE WIFE, RESIDENT OF D.NO.5-117, OLD MASJID STREET, PILER TOWN AND MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT AT RAYACHOTY. 3. THE TAHSILDAR, PILER MANDAL, ANNAMAYYA DISTRICT. 4. THE PILER GRAMPANCHAYAT, REP. BY ITS SECRETARY, PILER MANDAL, ANNAMAYYA DISTRICT. 5. THE ANDHRA PRADESH STATE WAKF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, 4TH FLOOR, IMDAD GHAR COMPLEX, OPP. HEAD POST OFFICE, VIJAYAWADA-520001. ...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 Writ, or Direction especially one in the nature of Writ of Mandamus declaring the action of the respondents in interfering with the 2 peaceful possession and enjoyment of the residential house property admeasuring an extent of 120 Sq. yards in Sy.No.292, bearing D.No.5- 117, Patha Masjid Street, Filer town and Mandal, Annamayya District without following due process of law is illegal, arbitrary, highhanded and violation of principles of natural justice and consequently direct the respondents not to interfere with the construction of residential house making by the petitioner 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 to direct the respondents not to interfere with the house property admeasuring an extent of 120 Sq. yards in Sy.No.292, bearing D.No.5-117, Patha Masjid Street, Filer town and Mandal, Annamayya District without following due process of law, pending disposal of the Writ petition before this Honourable court, and pass Counsel for the Petitioner: 1. VUTUPALLI RAJANNA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. SHAIK KHAJA BASHA The Court made the following: ::ORDER:: Heard Sri V.Rajanna, learned counsel for the petitioner, Sri Bhagath Singh, learned Assistant Government Pleader for Revenue for respondents 1 to 3 and Sri Shaik Khaja Basha, learned Standing counsel for the 5th respondent. 2. The above writ petition is filed to declare the action of the 5th respondent in interfering with the possession and enjoyment of the petitioner’s house property admeasuring an extent of 120 Sq. yards in Sy.No.292, bearing D.No.5-117, Patha Masjid Street, Piler Town and Mandal, Annamayya District, without following due process, as illegal and arbitrary. 3 3. Learned counsel for the petitioner would submit that the petitioner is the absolute owner of the house site admeasuring an extent of 120 Sq. yards in Sy.No.292, bearing D.No.5-117, Patha Masjid Street, Piler Town and Mandal, Annamayya District. Originally, the property belonged to the late Sattar Saheb, father-in-law of the petitioner. After the death of late Sattar Saheb, the property was devolved upon the petitioner. The 4th respondent, Grampanchayat, mutated the name of the petitioner in the records. Petitioner paid the property tax. The petitioner removed the old structure and intended to construct a new structure and made an application in the month of April, 2025, before the 4th respondent. 4. Be that as it may, the 5th respondent started interfering with the property without issuing any notice. 5. Learned Standing counsel on instructions would submit that the authorities are not interfering with the land in Sy.No.292. He would also submit that as per the letter dated 25.06.2025, recovery proceedings were initiated against the land in Sy.No.585 and the encroachers are Sri Cheepati Venkata Ramana Reddy, S/o Peddi Reddy and Sri Abdul Rehman, S/o Abdul Khudus. The same is taken on record. 6. Given the facts and circumstances, the writ petition is disposed of, at the admission stage, with the consent of both the learned counsel, directing the 5th respondent not to interfere with the land in Sy.No.292, without following due process. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 08.07.2025 SNI 4 193 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16581/2025 Date: 08.07.2025 SNI