\* . APHC010352032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE ■ v'/ PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17685 OF 2025 Between: R/o. 1. Mundunuru Appalaraju, S/o Rangaraju, Aged about 60 years Thimmapuram, Visakhapatnam District, Andhra Pradesh - 531163. Nagarapalem Gollala D.No.14- 284/1 Bheemunipatnam 2. Mundunuru Chandravathi, W/o Appalaraju, Aged about 52 years D.No. 14-284/1, Gollala Thimmapuram, Nagarapalem, Bheemunipatnam , R/o. Visakhapatnam District, Andhra Pradesh - 531163. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi Amaravati, Guntur District. 2. The District Collector, Visakhapatnam District. 3. The Revenue Divisional Officer, Visakhapatnam Division, Visakhapatnam District. % 4. The Tahsildar, Bheemunipatnam Mandat, Visakhapatnam District. 5. The Station House Officer, Bheemunipatnam Police Station, Visakhapatnam District. 6. The Assistant Engineer, A.P.E.P.D.C.L., Bheemunipatnam Division Visakhapatnam 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 an order, proceedings or writ more particularly one in the nature of of Writ of Mandamus declaring the action of the 4th respondent in issuing proceedings vide Rc.No.656/2025/JA dated 04.07.2025, and the subsequent coercive demolition of staircase on 07.07.2025, without issuing prior notice as contemplated under Section 7 of the A.P. Land Encroachment Act, or affording any opportunity of hearing, and further the office of the respondent no.6 disconnecting power supply to the petitioners dwelling house as illegal, arbitrary, irrational, and violative of the principles of natural justice and the procedure prescribed under the A.P. Land Encroachment Act, and further infringing the petitioners fundamental and constitutional rights guaranteed under Articles 14, 21, and 300A of the Constitution of India and consequently direct the respondents to refrain from taking any further coercive action and to restore the electricity connections in our property situated in Sy.No.s 331,332,346,347 in an extent of Ac.0.27 cents at, Gollala Thimmapuram, Nagarapalem, Bheemunipatnam, Visakhapatnam District. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 4*'' and 5*^ Respondents not to take any further coercive action, including demolition or disconnection, in respect of the petitioners’ property situated at Door Nos. 9-1671-KNP2 and 9-1670-KNP2 (formerly D.No. 14-284/1), Gollala Thimmapuram, Bheemunipatnam Mandal, and further direct the respondent no.6 to restore the electricity supply to the 116680T007000373, 116680T007000167, and Service Connection Nos. 116680T007000510. Counsel for the Petitioners: SRI G. V. S. KISHORE KUMAR Counsel for the Respondent Nos. 1 to 4 :GP FOR REVENUE Counsel for the Respondent No.5 : GP FOR HOME Counsel for the Respondent No.6 : SRI V.V. SATISH, SC FOR APEPDCL The Court made the following order: :;1:: APHC010352032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17685/2025 Between: 1.MUNDUNURU APPALARAJU,, S/0 RANGARAJU, AGED ABOUT 60 D.NO. 14-284/1 BHEEMUNIPATNAM, YEARS NAGARAPALEM DISTRICT, ANDHRA PRADESH - 531163. GOLLALA THIMMAPURAM, VISAKHAPATNAM R/0 2.MUNDUNURU CHANDRAVATHI,, W/0 APPALARAJU, AGED ABOUT R/0 D.NO. 14-284/1, GOLLALA THIMMAPURAM, BHEEMUNIPATNAM 52 YEARS, NAGARAPALEM, DISTRICT. ANDHRA PRADESH - 531163. VISAKHAPATNAM ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL REVENUE DEPARTMENT, SECRETARIAT, SECRETARY, VELAGAPUDI AMARAVATI. GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM DIVISION, VISAKHAPATNAM DISTRICT. 4.THE TAHSILDAR, BHEEMUNIPATNAM MANDAL, VISAKHAPATNAM DISTRICT. 5.THE STATION HOUSE OFFICER, BHEEMUNIPATNAM POLICE STATION, VISAKHAPATNAM DISTRICT. 6.THE ASSISTANT ENGINEER, A.P.E.P.D.C.L, BHEEMUNIPATNAM 2 \ DIVISION VISAKHAPATNAM 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 may be pleased to issue an order, proceedings dr writ more particularly one in the nature of Writ of Mandamus declaring the action of the 4**' respondent in issuing proceedings vide Rc.No.656/2025/JA, dated 04.07.2025, and the subsequent coercive demolition of staircase on 07.07.2025, without issuing prior notice as contemplated under Section 7 of the A.P. Land Encroachment Act, or affording any opportunity of hearing, and further the office of the respondent no.6 disconnecting power supply to the petitioners dwelling house as illegal, arbitrary, irrational, and violative of the principles of natural justice and the procedure prescribed under the A.P. Land Encroachment Act, and further infringing the petitioners fundamental and constitutional rights guaranteed under Articles 14, 21, and 300A of the Constitution of India and consequently direct the respondents to refrain from taking any further coercive action and to restore the electricity connections in our property situated in Sy.No.s 331,332,346,347 in an extent of Ac.0.27 cents at, Gollala Thimmapuram, Nagarapalem, Bheemunipatnam, Visakhapatnam District Counsel for the Petitioner(S): 1.GVSKISHORE KUMAR Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE r 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17685/2025 This Court made the following ORDER: This writ petition is filed under Article 226 of the Constitution of India 1. seeking the following relief: “ to issue an order, proceedings or writ more particularly one in the nature of Writ of Mandamus declaring the action of the 4^*^ respondent in issuing proceedings vide Rc.No.656/2025/JA, dated 04.07.2025, and the subsequent coercive demolition of staircase on 07.07.2025, without issuing prior notice as contemplated under Section 7 of the A.P. Land Encroachment Act, or affording any opportunity of hearing, and further the office of the respondent no.6 disconnecting power supply to the petitioners dwelling house as illegal, arbitrary, irrational, and violative of the principles of natural justice and the procedure prescribed under the A.P. Land Encroachment Act, and further infringing the petitioners fundamental and constitutional rights guaranteed under Articles 14, 21, and 300A of the Constitution of India and consequently direct the respondents to refrain from taking any further coercive action and to restore the electricity connections in property situated in Sy.Nos.331, 332, 346, 347 in an extent of at Gollala Thimmapuram, Nagarapalem, our Ac.0.27 cents Bheemunipatnam, Visakhapatnam District.. During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondents not to dispossess the petitioners from their land, without following due process 2. of law. Learned Assistant Government Pleader for Respondents, admitted that the petitioners are in continuous possession of subject land and the 3. 4 X respondent authorities would follow due process of law and requested to pass appropriate orders. Learned counsel for the Petitioners submits that the 1®* petitioner along with his family, including the 2"^^ petitioner who is his wife, are residing in the 4. land situated in Sy.No.331, 332, 346, 347 in an extent of Ac.0.27 cents at Gollala Thimmapuram, Nagarapalem, Bheemunipatnam, Visakhapatnam District since early 1990’s and subsequently petitioners have constructed their permanent dwelling houses thereon and raised plantation and out of the said activity they are eking out their livelihood. From the year 2001 petitioners have been paying regular house tax to the Greater Visakhapatnam Municipal Corporation (GVMC) under Door Nos.9-1671-KNP2 and 9-1670-KNP2 (earlier Door No.14-284/1 during the Gram Panchayat regime) and petitioners are residing in the subject property peacefully without any third party interference. While things stood thus, to the petitioners’ utter shock and dismay on 5. 07.07.2024, the office of the Respondent Nos.4 and 5 entered petitioners property and demolished the staircase situated within the subject property without issuing any notice and causing irreversible damage to the property. Aggrieved by the action of the respondents, the present writ petition is being filed. It is settled proposition of law that when the petitioners are in settled 6. possession and enjoyment of the property, the respondents are not entitled to interfere with the possession and enjoyment of the petitioners and such 5 I highhanded action of the respondents would amount to depriving the constitutional right guaranteed under Article 300-A of the petitioners’ Constitution of India, besides violation of Article 14 of the Constitution of India. Even assuming for a moment that these petitioners’ possession is illegal, still. the petitioners are required to be afforded an opportunity before taking appropriate action and in view of the law declared by the Apex Court in “Rame Gowda (dead) by LRs. v. M.Varadappa Naidu (Dead) by LRs.\ when the settled possession and enjoyment of the property, they of law. Therefore, the petitioners are in cannot be dispossessed, without following due process respondents are directed not to dispossess the petitioners from their property. except by due process of law. 7. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. T 2004(1) see 769 Sd/- K.J. RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// fr SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi Amaravati, Guntur District. 2. The District Collector, Visakhapatnam District. 3. The Revenue Divisional Officer, Visakhapatnam Division, Visakhapatnam District. s 4. The Tahsildar, Bheemunipatnam Mandal, Visakhapatnam District. Police Station, Bheemunipatnam 5. The Station House Officer, Visakhapatnam District. 6. The Assistant Engineer, A.P.E.P.D.C.L. Division Bheemunipatnam Visakhapatnam District. 7. One CC to Sri G. V. S. Kishore Kumar, Advocate [OPUC] 8. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] lO.One CC to Sri V.V. Satish, SC for APEPDCL (OPUC) 11. Two CD Copies Cnr HIGH COURT DATED:11/07/2025 ORDER WP NO. 17685 OF 2025 ^ 15JUL 2025 )g '^fvCimjrtSKfisnX^ DISPOSING OF THE W.P WITHOUT COSTS