APHC010356342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^ WEDNESDAYJHE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 17992 OF 2025 Between: Veeri Vani @ Kalai Vani, W/o Veeri Chalapathi Rao, Aged about 52 years, R/o Sarkar Thopu, North Rajupalem, Kodavaluru, SPSR Nellore District. ...Petitioner AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Velagapudi, Amaravathi Andhra Pradesh. 2. The District Collector, SPSR Nellore District. 3. The Tahsildar, Kodavalur Mandal, SPSR Nellore District. 4. The Assistant Engineer, Irrigation Department, Kodavalur, Nellore District. 5. The Grama Panchayat, Kodavalur Mandal, SPSR Nellore District. SPSR ...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 any writ or order or direction more particularly one nature of writ of mandamus declaring the action of the in the respondents in interfering with petitioners construction of shops covered by building permission from the 5*'" respondent vide B.A. No.20/2024-2025 dt. 21.01.2025 V. without following due process of law, as illegal, arbitrary and violation of Article 14, 21 and 300-A of the constitution of India and to consequently direct the respondents not to interfere with the construction of the petitioner land admeasuring an extent of Ac. 0.04 cents, bearing D No.4-78 in Sy No.50/2 of North Rajupalem Village, Kodavaluru Mandal, SPSR Nellore 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 petition, the High Court may be pleased to direct the respondents not to interfered with petitioner’s construction of shops covered by building permission from the 5*^ respondent vide B.A. No.20/2024- 2025 dt. 21.01.2025 bearing D No.4-78 in Sy. No.50/2 of North Rajupalem Village, Kodavaluru Mandal, SPSR Nellore District pending disposal petition. of writ Counsel for the Petitioner: M/S GRANDHI PRIYANKA Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE Counsel for the Respondent No.4: GP FOR IRRI AND CAD Counsel for the Respondent No.5: SRI M SUDHIR, SC FOR GRAM PANCHAYAT The Court made the following order: APHC010356342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 17992/2025 Between; 1.VEERI VANI @ KALAI VANI, W/0 VEERICHALAPATHI RAO AGED ABOUT 52 YEARS, R/0 SARKAR THOPU, NORTH RAJUPALEMKODAVALURU,SPSR NELLORE DISTRICT. ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, VELAGAPUDI, AMARAVATHI ANDHRA PRADESH. 2.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT. 3.THE TAHSILDAR, KODAVALUR MANDAL, SPSR NELLORE DISTRICT. 4.THE ASSISTANT ENGINEER, , KODAVALUR, SPSR NELLORE DISTRICT. 5.THE GRAMA PANCHAYAT, KODAVALUR MANDAL, SPSR NELLORE 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 tomay be pleased to issue any writ or 2 TCDS,J W.P.No.17992 of 2025 direction more particularly one in the nature of writ of order or mandamus declaring the action of the respondents in interfering with petitioners construction of shops covered by building permission from the 5th respondent vide B.A. No.20/2024- 2025 dt. 21.01.2025 without following due process oflaw, as illegal, arbitrary and violation of Article 14, 21 and 300-A of the constitutionof India and to consequently direct the respondents not to interfere with the construction of the petitioner land admeasuring an extent of Ac. 0.04 cents,bearing D No.4-78 in Sy No.50/2 of North Rajupalem Village, Kodavaluru Mandal, SPSR Nellore District and to pass lA NO: 1 OF 2025 praying that in the Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents not to interfered with petitioner’s construction of shops covered by building permission from the 5-^^^ respondent vide B.A. No.20/2024-2025 dt. 21.01.2025 bearing D No.4-78 in Sy. No.50/2 of North Rajupalem Village, Kodavaluru Mandal, SPSR Nellore District pending disposal of writ petition. Counsel for the Petitioner: 1.GRANDHI PRIYANKA Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR IRRI AND CAD The Court made the following: 3 TCDS,J W.P.No.l7992ot 2025 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 17992 of 2025 ORDER: Th© p6tition6r claims that sh© is th© absolut© own©r and poss©ssor of land adm©asuring in an ©xt©nt of Ac.0.04 c©nts in Surv©y No.50/2 of North Rajupal©m villag©, Kodavaluru Mandal, SPSR N©llor© District, having acquired right over th© same through registered settlement deed dated 30.05.2018 from her husband Sri Veeri Chalapathi Rao. It is the further case of the petitioner that she made application to the 5'^ respondent seeking permission for construction of shops in the said land. After processing the said application, the 5‘^ respondent accorded permission on 21.01.2025 to the petitioner, it is the further case of the petitioner that while so, on 10.07.2025, the staff of respondent Nos.3 to 5 entered into the land in dispute and started taking measurements. When questioned the said action of the respondents, in turn, it was informed to the petitioner that one Sri Karakati Mallikharjuna made a complaint dated 21.05.2025 against the petitioner to the respondents stating that she has encroached into the subject land. Pursuant to the said representation, the 4‘'' respondent addressed letter dated 03.07.2025 to the 3'^ respondent to take further action in the matter after issuing 2. an 4 TCDSJ W.P.No.l7992of2025 notices to the concerned and to clear the encroachments if any. It is further case of the petitioner that armed with the said communication, the respondents without giving any notice, started interfering with her possession over the subject land. Questioning the action of the respondent Nos.3 to 5, the present writ petition is filed. When the matter is taken up for hearing, the learned Assistant 3. Government Pleader for Irrigation would submit that letter dated 03.07.2025 is mere internal correspondence between the respondent Nos.4 and 3. In view of the complaint given against the petitioner. they have not initiated any action. It is further submitted that, the respondents have only verified as to whether any encroachment is made by the petitioner over the land in dispute. He would further submit that the writ petition is not maintainable and the same is filed on apprehension and prays to dismiss the writ petition. Heard the learned counsel for the petitioner and the learned 4. Assistant Government Pleaders for Irrigation and Revenue. On perusal of the averments made in the writ petition, it is 5. clear that the petitioner obtained building permission on 21.01.2025 from the 5*'^ respondent and the petitioner is proceeding with the construction strictly in accordance with the sanctioned plan. On 5 r A > TCDSJ W.P. No.17992 of2025 ft perusal of the communication dated 03.07.2025, it is revealed that one Sri K.Mallikarjuna made a complaint against the petitioner and in pursuance of the same the 3^^ respondent was directed to enquire into the matter. Therefore, the 3'"'^ respondent without issuing notice to the petitioner started taking measurements. From the above, it is clear that the petitioner is not put up on notice before initiating any action in the matter. It is needless to mention that, if the respondents wish to take any action against the petitioner, the same has to be done by following the procedure under law. Admittedly, no notice is issued to the petitioner in the matter. Having considered the submissions made by the learned 6. counsel on either side, this Court feels that it is appropriate to dispose of the present writ petition directing the respondents not to interfere with the possession of the petitioner except in accordance with law. With the above observations, this writ petition is disposed of. 7. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- M. SURYANADHA REDDY DEPUTY REGISJRAR TlDN OFFICER //TRUE COPY// SEC To, 1. The Principal Secretary, Revenue Department Andhra Pradesh. 2. The District Collector, SPSR Nellore District. Velagapudi, Amaravathi 3. The Tahsildar, Kodavalur Mandal, SPSR Nellore District. 4. The Assistant Engineer, Kodavalur, SPSR Nellore District. 5. The Grama Panchayat, Irrigation Department, Kodavalur Mandal, SPSR Nellore District. 6. One CC to M/s Grandhi Priyanka Advocate [OPUC] 7. One CC to Sri M Sudhir, SC for Gram Panchayat.[OPUC]. 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT 9. Two CCs to GP for Irrigation & CAD, High Court of Andhra Pradesh [OUT] Two CD Copies. 10. AL HIGH COURT DATED:16/07/2025 ORDER WP NO. 17992 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS