APHC010350772019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16743/2019 Between: 1. KOLLURU NARASIMHA RAO,, S/O. BHASKAR RAO, AGE 60 YEARS, R/O. MULUPURU, AMRUTHALUR MANDAL, GUNTUR. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS COMMISSIONER, PANCHYAT DEPARTMENT, SECRETARIAT, VELAGAPUDI, 2. THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT. 3. THE MANDAL PARISHAD DEVELOPMENT OFFICER, AMRUTHALUR, GUNTUR DISTRICT GUNTUR DISTRICT. 4. THE TAHASILDAR, AMRUTHHALUR, AMRUTHHALUR MANDAL, GUNTUR DISTRICT. 5. THE MULPUR GRAM PANCHAYATH, REP. BY ITS SECRETARY, AMRUTHHALUR AND MANDAL, GUNTUR 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 2 NV,J W.P No.16743 of 2019 may be pleased toto issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings of the 5th respondent in RC.No. 1/2019 dated 16.10.2019 without issuing any show cause notice and without following the procedure contemplated under the law and highhandedly trying to dispossess the petitioner of his land as illegal, contrary to law, arbitrary, against the principles of natural justice, contrary to the provisions of the A.P Panchayat Raj and the Rules framed there under and violation of Article 14 of the constitution of India and set aside the same consequently direct the 3rd to 5th respondent authorities not to interfere with the possession and enjoyment of the petitioner's land admeasuring Ac.0.950 cents in Survey No. 245-2, Mulpur Village, Amruthalur Mandal, Guntur District by suspending the proceedings RC.No. 1/2019 dated 16.10.2019 of the 5th respondent and pass IA NO: 1 OF 2019 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 3rd to 5th respondent authorities not to interfere with the possession and enjoyment of the petitioners cattle shed land admeasuring Ac.0.950 cents in Survey No. 245/2, Mulpur Village, Amruthalur Mandal, Guntur District, by suspending the proceedings RC.No. 1/2019 dated 16.10.2019 of the 5th respondent pending the disposal of the writ petition, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. MARELLA RADHA Counsel for the Respondent(S): 1. KOTI REDDY IDAMAKANTI (SC FOR ZPP MPP AND GRAM PAN) 2. GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: 3 NV,J W.P No.16743 of 2019 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.16743 OF 2019 ORDER:- 1. This writ petition is filed under Article 226 of the Constitution of India claiming the following relief: “To issue Writ of Mandamus declaring the proceedings of the 5th respondent in RC.No.1/2019 dated 16.10.2019 without issuing any show cause notice and without following the procedure contemplated under the law and highhandedly trying to dispossess the petitioner of his land as illegal, contrary to law, arbitrary, against the principles of natural justice, contrary to the provisions of the A.P Panchayat Raj and the Rules framed there under and violation of Article 14 of the constitution of India and set aside the same consequently direct the 3rd to 5th respondent authorities not to interfere with the possession and enjoyment of the petitioner's land admeasuring Ac.0.950 cents in Survey No. 245-2, Mulpur Village, Amruthalur Mandal, Guntur District by suspending the proceedings RC.No.1/2019 dated 16.10.2019 of the 5th respondent.” 2. The petitioner is the owner, possessor and enjoyer of land of an extent of Ac.0-950 cents in Sy.No.245-2, Mulpur Village, Amruthalur Mandal, Guntur District. The petitioner was in peaceful possession and enjoyment of the subject land without any interruption whatsoever. The petitioner submits that, the respondents are trying to interfere into the peaceful possession and enjoyment of the petitioner’s subject land. Questioning the action of the respondents, the present writ petition is filed. 4 NV,J W.P No.16743 of 2019 3. During hearing, learned counsel for the petitioner, without touching the merits of the case, requested this Court to issue a direction to the respondents not to dispossess the petitioner from their land without following due process of law. 4. Respondent No.5 – Panchayat Secretary, Mulpur Gram Panchayat filed counter affidavit. It is submitted that the petitioner encroached the road site in Sy.No.246/1 which is situated in between the road and gudem of the society. The petitioner is the owner of the site of an extent of Ac.0-02 cents in Sy.No.245/2 which is abutting to the Gudem of the Society. The revenue authorities conducted survey in the presence of the petitioner and found that the petitioner encroached the Government site and raised the hut and using for cattle. On the basis of the written instructions, learned Assistant Government Pleader submits that, in the event the respondents proposes to evict the petitioners, the respondents would follow due process of law and requested to pass appropriate orders. 5. Heard learned counsel for the petitioners, learned Government Pleader for Revenue and perused the material available on record. 6. When the petitioner is in settled possession and enjoyment of the property, he cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “Rame Gowda (dead) by 5 NV,J W.P No.16743 of 2019 L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.1”. Therefore, if the petitioner is in possession of the subject property, the respondents are directed not to dispossess the petitioner from the subject property, except by due process of law. 7. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs. 8. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:22.07.2025 SP 1 2004 (1) SCC 769 6 NV,J W.P No.16743 of 2019 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.16743 OF 2019 Date: 22.07.2025 W SP