IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT fHC' HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 16970 OF 2024 ' )P»I 7. o Mv o Between: 1. Pulla Jakaraiah, S/o Sarvaiah, Aged 70 years, Retd Joint Commissioner (Commercial Taxes), R/o Plot No. 16, JSP Mansion Golden Meadows, Ruby Block, Kompally, Medchal, Malkajgiri, Telangana-500100. 2. V.S.Neeraja, W/o P.V.N.Raju, Aged 42 years, R/o D.No.8-27-5, Chinna Waltair, Tamil Street, Visakhapatnam, Andhra Pradesh-530017. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary, Department of Panchayat Raj & Rural Development, A.P. Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 2. The Commissioner, Panchayat Raj and Rural Development, Vijayawada, Krishna District, Andhra Pradesh. 3. The District Collector, NTR District, Vijayawada, Krishna District 4. The Ambapuram Gram Panchaytat, Ambapuram Village, Vijayawada Rural Mandal NTR District, Andhra Pradesh. Rep. by its Executive Officer cum Panchayat Secretary. ...RESPONDENTS ^ Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or order or direction more particularly in the nature Writ of Mandamus declaring the action of the Respondent Nos. 4 in trying to interfere with the peaceful possession and trying to lay a one fence in the Petitioners' property admeasuring 2597.44 Sq.yards 1.4200 cents) in R.S.No.96/2B of Ambapuram Village, Vijayawada Rural Mandal, NTR District without issuing any notice or following due procedure as illegal, arbitrary, high-handed and violative of principles of natural justice and violative of Articles 14, 21 and 300A Constitution of India consequently direct the Respondents to not to interfere with peaceful possession of Petitioner's property admeasuring 2597.44 Sq.yards i.e., (Ac. 1.4200 cents) in R.S.No.96/2B of Ambapuram Village, Vijayawada Rural Mandal, NTR District without following due process of law. i.e., (Ac. and to lA NO: 1 OF 2024 Petition under Section 151 CPC is filed 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 to peaceful possession of Petitioners not to interfere with Property admeasuring 2597.44 Sq.yards i.e., (Ac.1.4200 cents) in R.S.No.96/2B of Ambapuram Viilage, Vijayawada Rurai Mandai, NTR District without foilowing due pending disposal of the above writ petition. process of law. Counsel for the Petitioner: SRI ARUN SHOWRI G Counsel for the Respondent Nos. 1 to 3: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.4: SRI Y. KOTESWARA RAO (SC FOR ZPPS, MPPS & GRAM PANCHAYAT) The Court made the following: ORDER V THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.16970 of 2024 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief: "....to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Nos.4 in trying to interfere with the peaceful possession and trying to lay a fence in the Petitioners’ property admeasuring 2597.44 Sq.yards i.e., (Ac.1.4200 cents) in R.S.N0.96/2B of Ambapuram Village, Vijayawada Rural Mandal, NTR District without issuing any notice or following due procedure as illegal, arbitrary, high-handed and violative of principles of natural justice and violative of Articles 14, 21 and 300A of the Constitution of India and to consequently direct the Respondents not to interfere with peaceful possession of Petitioners’ property admeasuring 2597.44 Sq.yards i.e., (Ac.1.4200 cents) in R.S.N0.96/2B of Ambapuram Village, Vijayawada Rural Mandal, NTR District without following due process of law and to pass such other orders " 2. It is the case of the petitioners that the respondents are trying to interfere with the peaceful possession and trying to lay a fence in the petitioners’ property admeasuring 2597.44 square yards in R.S.N0.96/2B of Ambapuram Village, Vijayawada Rural Mandal, NTR District, without following due procedure. 2. Learned counsel for the petitioners would submit that despite the matter is filed in the month of August, respondents have either obtained written instructions or filed counter, hence, he would pray this Court to dispose of the Writ Petition with a direction to the respondents to follow 2 Vi? due process of law in respect of the subject property of the petitioners herein, in the Writ Petition before meddling with property. Learned counsel for the respondents have not refuted or rejected for the above contention of the petitioners herein. 3. Without going into the merits of the case, this Court is inclined to dispose of the present Writ Petition with a direction to the respondent No.4 to follow due process of law, before initiating any action against the subject property of the writ petition. 4. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. 5. As a sequel thereto. Interlocutory Applications pending, if any, shall stand closed. Sd/- V.SAVITHRI GOWRI ASSISTANT REGISTRAR / ./ //TRUE COPY// SECTfON OFFICER To, 1. The Principal Secretary, Department of Panchayat Raj and Rural Development, A.P. Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 2. The Commissioner, Panchayat Raj & Rural Development, Vijayawada Krishna District, Andhra Pradesh. 3. The District Collector, NTR District, Vijayawada, Krishna District 4. The Executive Officer cum Panchayat Secretary, Ambapuram Gram Panchaytat, Ambapuram Village, Vijayawada Rural Mandal NTR District, Andhra Pradesh. 5. One CC to Sri Arun Showri G Advocate [OPUC] 6. One CC to Sri Y. Koteswara Rao, (SC for ZPPS, MPPS & Gram Panchayat) [OPUC] 7. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies TF HIGH COURT DATED:07/01/2025 ORDER WP.No.16970 of 2024 g 2 8 JAN 2C:j „ ^ . Current Section %ii>esPATCV^1^l^ .1 DISPOSING OF THE W.P. WITHOUT COSTS