APHC010358072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18375/2025 Between: 1. BATHALA LAKSHMI NARASAIAH,, S/O. BATTALA LAKSHA, AGED ABOUT 43 YEARS, R/O. GANDLAPALLI VILLAGE, ATLURU MANDAL, YSR KADAPA DIST. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, (REVENUE DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KADAPA, YSR KADAPA DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, BADVEL REVENUE DIVISION, BADVEL, YSR KADAPA DISTRICT. 4. THE MANDAL TAHSILDHAR, ATLURU MANDAL, YSR KADAPA DISTRICT 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 a writ, order or direction more particularly one in the nature of mandamus declaring the action of the 4th respondent in interfering with the ongoing construction activities of the petitioner in respect of the house site being an extent of Ac. 0.03 cents in survey no 943 situated at Atluru Village and Mandal, YSR Kadapa District is as illegal, arbitrary and violative of article 14, 21 and 300A of Constitution of India and violation of principles of 2 natural justice and consequently direct the respondents herein not to interfere in respect of the above subject property 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 to direct the 4th respondent not to interfere/obstructions on ongoing construction activities of the petitioner in respect of the house site being an extent of Ac. 0.03 cents in survey no 943 situated at Atluru Village and Mandal, YSR Kadapa District, pending disposal of the writ petition, and pass Counsel for the Petitioner: 1. P NARASIMHULU Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following ORDER: Heard Sri Jagadish, learned counsel representing Sri P.Narasimhulu, learned counsel for the petitioner and Sri Divya Theja, learned Assistant Government Pleader for Revenue for the respondents 1 to 4. 2. The grievance of the petitioner is that the 4th respondent, without issuing any notice, is interfering with the petitioner’s construction activity to an extent of Ac.0-03 cents in Sy.No.943 of Atluru Village and Mandal, YSR Kadapa District. 3. Learned counsel for the petitioner would submit that the petitioner is the absolute owner and possessor an extent of Ac.0-03 cents in Sy.No.943. The 4th respondent, after inquiry, issued a possession certificate vide Ref.No.119/2023, dated 08.06.2023. The petitioner commenced construction of a house. While so, on 12.07.2025 the 4th respondent, along with staff, came to the site and directed the petitioner to stop the construction without issuing any notice. 3 4. Learned Assistant Government Pleader on instructions would submit that Ac.0-03 cents in Sy.No.943 (referred supra) is a Government Poramboke and it is included in the prohibited properties list under Section 22-(1)(A) of the Registration Act, 1908 (for short “the Act”). Learned AGP would also submit that the petitioner is making construction without getting permission from the local authorities. He further submits that the 4th respondent is not interfering with the subject property. 5. As seen from Ex.P.1, the Tahsildar issued a possession certificate in favour of the petitioner in respect of Ac.0-03 cents in Sy.No.943 of Atluru Village and Mandal, YSR Kadapa District. Ex.P.2 photograph discloses construction being undertaken by the petitioner. 6. When the Court posed a question regarding permission of the authorities, learned counsel for the petitioner pleaded ignorance. 7. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side directing the 4th respondent not to interfere with the petitioner’s property in respect of Ac.0-03 cents in Sy.No.943 of Atluru Village and Mandal, YSR Kadapa District without following due process. The petitioner also shall not make construction in the aforementioned land without getting permission from the local authorities. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 22.07.2025 KA 4 222 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18375/2025 Date:22.07.2025 KA 5