APHC010339892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16979/2025 Between: 1. KOLLI VENKATESWARLU, S/O RAMAYYA, AGED ABOUT 46 YEARS. 2. KOLLI RAJESWARI,, W/O VENKATESWARLU AGED ABOUT 44 YEARS. BOTH ARE RESIDENTS OF D.NO.29- 1115, KOTHAPET, VINUKONDA, PALNADU DISTRICT. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PALNADU DISTRICT AT NARASARAOPETA. 3. THE TAHASILDAR, VINUKONDA MANDAL, VINUKONDA, PALNADU DISTRICT. 4. VINUKONDA MUNICIPALITY, REP. BY ITS COMMISSIONER, VINUKONDA, PALNADU 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 topleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 3 and 4 and their officials, in threatening to demolish petitioners tiffin centre bearing Door Nos.28-333 (Assessment No. 1131024205) and 28-233 and 28- 33/2 (Assessment Nos. 1131024204 and 1131011478) Plot No.37 in D.No.367/1, situated on the northern side of Narasaraopet - Kurnool Road, in Vinukonda Town, Palnadu District, without following due process of law as illegal, arbitrary, violation of principles of natural justice and violative of Articles 14 and 300-A of the Constitution of India and without initiating the procedure as contemplated under the provisions of the A.P.Land Encroachment Act or the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 and consequently direct the respondents 2 and 3 not to demolish the petitioner's above tiffin centre and not to dispossess the petitioners therefrom without following the due of law 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 pleased to direct the respondents 3 and 4 not to demolish the petitioners’ tiffin centre bearing Door Nos. 28-333 (Assessment No. 1131024205) and 28-233 and 28-33/2 (Assessment Nos.1131024204 and 1131011478), Plot No.37 in D.No.367/1 situated on the northern side of Narasaraopet - Kurnool Road, in Vinukonda Town, Palnadu District, pending disposal of the writ petition and pas Counsel for the Petitioner(S): 1. KOCHIRI RAJA SHEKAR Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16979/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…..pleased to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 3 and 4 and their officials, in threatening to demolish petitioners’ tiffin centre bearing Door Nos.28-333 (Assessment No.1131024205) and 28-233 and 28- 33/2 (Assessment Nos.1131024204 and 1131011478) Plot No.37 in D.No.367/1, situated on the northern side of Narasaraopet - Kurnool Road, in Vinukonda Town, Palnadu District, without following due process of law as illegal, arbitrary, violation of principles of natural justice and violative of Articles 14 and 300-A of the Constitution of India and without initiating the procedure as contemplated under the provisions of the A.P. Land Encroachment Act or the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 and consequently direct the respondents 2 and 3 not to demolish the petitioners’ above tiffin centre and not to dispossess the petitioners therefrom without following the due of law and pass…..” 2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader appearing for the respondents. 4 3. Learned counsel for the petitioners submits that the petitioners are the absolute owners and possessors of the properties situated in door No.28- 233 in Plot No.37 in D.No.367/1 and an extent of 22.36 square yards in part of Plot No.37, D.No.367/1, situated in Vinukonda Town, Palnadu District. The subject properties were acquired by the petitioners through a registered sale deed bearing Document Nos.2183/2023 and 2184/2023, dated 13.02.2023. While so, the respondent authorities, without issuing any notice and without adhering to the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, are trying to interfere with the peaceful possession of the petitioners in respect of the subject properties. Hence, the Writ Petition. 4. Learned Assistant Government Pleader further submits that the respondents will follow due process of law as contemplated, if they intend to dispossess the petitioners from the subject properties. 5. Having regard to the submissions of the learned counsel for the petitioners, the learned Assistant Government Pleader for the Revenue and on perusal of the material available on record, this Court is of the considered view that the present Writ Petition can be disposed of directing the respondents to follow due process of law, if they intend to dispossess the petitioners from the subject properties. 5 6. In the result, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 08.07.2025 SCH 6 218 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.16979 of 2025 08.07.2025 SCH