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• APHC010361622025 IN THE HIGH COURT OF ANDHRA PRA! AT AMARAVATI (Special Original Jurisdiction) QMS WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE r PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18093 OF 2025 Between: Tanneedi Ramakrishna, S/o. Veerabhadra Rao, aged 66 years, Occ: Agriculture Coolie, R/o. D.No. 1-59/1 (Old 1-199) Bobbanapalli Village, Veeravasaram Mandal, West Godavari District ...Petitioner AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Thullur Mandal, Amaravati, Guntur District. 2. The District Collector, West Godavari District, Bhimavaram. 3. The District Panchayat Officer, West Godavari District, Bhimavaram. 4. The Divisional Panchayat Officer, Bhimavaram Division, Bhimavaram, West Godavari District. 5. The Executive Engineer, Roads and Buildings Department, Bhimavaram Division, Bhimavaram, West Godavari District. 6. The Assistant Engineer, Roads and Buildings Department, Veeravasaram, West Godavari District. 7. The Tahsildar, Veeravasaram Mandal, West Godavari District. 8. The Mandal Parishad Development Officer, (MPDO) Veeravasaram Mandal, West Godavari District. >
9. The Extension Officer (PR and RD), Veeravasaram Godavari District. 10. The Gram Panchayat, Bobbanapaili, Rep. by its Secretary Bobbanapaili Village, Veeravasaram Mandal, West Godavari District. 11. Mopidevi Swamy Naidu, S/o. Ramarao, Estate Business, R/o. Bobbanapaili Village, Veeravasaram West Godavari District. Mandal, West aged 62 years, Occ: Real Mandal, ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue a Writ, Order, may be or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in started the activity of demolition of the Petitioners residential house in D.No. 1-59/1 (Old D.No. 1-199) in Assessment No. 99 in R.S.No. 90 to an extent of Ac. 0-04 cents in situated at Bobbanapaiii Viiiage, Veeravasaram Godavari District without giving proper notice, without considering my explanation, without passing any orders and without foilowing due process of law as illegal, unconstitutional and violative of Art Mandal, West 14, 19, 21 and 300-A of and consequently direct peaceful possession and Constitution of India and Principles of Natural justice the respondent authorities not to interfere with the enjoyment of the Petitioner from his house.
lA NO: 1 OF Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pleased to direct the respondents not to disturb the possession and enjoyment of the Petitioners residential house bearing D.No. 1-59/1 (Old D.No. 1-199) in Assessment No. 99 in R.S.No. 90 to an extent of Ac. 0-04 cents Bobbanapaili Village, Veeravasaram Mandal in situated at West Godavari District in any manner including the demolition. ^ Counsel for the Petitioner: SRI RAMBABU KOPPINEEDI Counsel for the Respondent Nos. 1, 3, 4 & 9: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent Nos. 5 & 6: GP FOR ROADS & BUILDINGS Counsel for the Respondent Nos. 2 & 7: GP FOR REVENUE Counsel for the Respondent Nos. 8 & 10: SRI Y KOTESWARA RAO (SC FOR ZPPS, MPPS & GP) Counsel for the Respondent No.11: — The Court made the following order:
! ir' APHC010361622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18093/2025 Between:
1.TANNEEDI RAMAKRISHNA, S/O. VEERABHADRA RAO. AGED 66 YEARS, OCC AGRICULTURE COOLIE, R/0. D.NO. 1-59/1 (OLD 1-199) BOBBANAPALLI VILLAGE. VEERAVASARAM MANDAL, WEST GODAVARI DISTRICT ...PETITIONER AND
1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS. VELAGAPUDI, THULLUR MANDAL, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, BHIMAVARAM. 3. THE DISTRICT PANCHAYAT OFFICER, WEST GODAVARI DISTRICT, BHIMAVARAM. 4. THE DIVISIONAL PANCHAYAT OFFICER, BHIMAVARAM DIVISION. BHIMAVARAM, WEST GODAVARI DISTRICT. 5. THE EXECUTIVE ENGINEER, ROADS AND BUILDINGS DEPARTMENT, BHIMAVARAM DIVISION, BHIMAVARAM,
2 NV,J W.P No.18093 of 2025 WEST GODAVARI DISTRICT. 6. THE ASSISTANT ENGINEER, ROADS AND BUILDINGS VEERAVASARAM, WEST GODAVARI DEPARTMENT. DISTRICT. 7. THE TAHSILDAR, VEERAVASARAM MANDAL, GODAVARI DISTRICT. WEST
8. THE MANDAL PARISHAD DEVELOPMENT OFFICER, (MPDO) VEERAVASARAM MANDAL, WEST GODAVARI DISTRICT.
9. THE EXTENSION OFFICER PR AND RD, VEERAVASARAM MANDAL, WEST GODAVARI DISTRICT. 10.THE GRAM PANCHAYAT, BOBBANAPALLI, REP. BY ITS SECRETARY BOBBANAPALLI VILLAGE, VEERAVASARAM MANDAL, WEST GODAVARI DISTRICT. 11.MOPIDEVI SWAMY NAIDU, S/0. RAMARAO, AGED 62 YEARS, R/0. BOBBANAPALLI OCC REAL ESTATE BUSINESS VILLAGE, VEERAVASARAM MANDAL, WEST GODAVARI 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 topleased to issue a Writ,
Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in started the activity of demolition of the Petitioners residential house in D.No. 1-59/1 (Old D.No. 1-199) in Assessment No. 99 in R.S.No. 90 to an extent of Ac. 0-04 cents in situated at Bobbanapalli Village, Veeravasaram Mandal, West Godavari District without giving proper notice, without considering my explanation, without passing any orders and without following due process of law as illegal, unconstitutional and violative of Art 14, 19, 21 and 300-A of Constitution of India and Principles of Natural justice and consequently direct the respondent authorities not to interfere with the peaceful possession and enjoyment of the Petitioner from his house and pass
/ 3 NV,J W.P No.18093 of 2025 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 pleased to direct the respondents not to disturb the possession and enjoyment of the Petitioner’s residential house bearing D.No. 1-59/1 (Old D.No. 1-199) in Assessment No. 99 in R.S.No. 90 to an extent of Ac. 0-04 cents in situated at Bobbanapalli Village, Veeravasaram Mandal, West Godavari District in any manner including the demolition and pass Counsel for the Petitioner:
1.RAMBABU KOPPINEEDI Counsel for the Respondent(S):
1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR ROADS BUILDINGS 3.GP FOR REVENUE The Court made the following:
4 NV,J W.P No.18093 of 2025 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.18093 OF 2025
ORDER:- This writ petition is filed under Article 226 of the Constitution of
1. India claiming the following relief;
“to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in started the activity of demolition of the Petitioners residential house in D.No. 1-59/1 (Old D.No. 1-199) in Assessment No. 99 in R.S.No. 90 to an extent of Ac. 0-04 cents in situated at Bobbanapalli Village, Veeravasaram Mandal, West Godavari District without giving proper notice, without considering my explanation, without passing any orders and without following due process of law as illegal, unconstitutional and violative of Art 14, 19, 21 and 300-A of Constitution of India and Principles of Natural justice and consequently direct the respondent authorities not to interfere with the peaceful possession and enjoyment of the Petitioner from his house Heard Sri Rambabu Koppineedi, learned counsel for the petitioner, learned Standing Counsel for Respondent No. 10 and perused the material available on record.
2.
5 NV,J W.P No.l8093of 2025
Learned counsel for the petitioner submits that, the petitioner who is resident of house bearing D.No. 1-59/1 (Old D.No.1-199) in Assessment No.99 in R.S.No.90 to an extent of Ac.0-04 cents in situated at Bobbanapalli Village, Veeravasaram Mandal, West Godavari District. He submits that, earlier. Respondent No. 11/unofficial respondent tried to evict the petitioner from the subject land without following principles of natural justice and without following due process of law, as contemplated under the provisions of Andhra Pradesh Panchayat Raj Act, 1994, against which the petitioner preferred .WP.No30355 of 2023, wherein this Hon’ble Court directed the Tahsildar
3. is an encroacher. and Gram Panchayat to conduct re-survey and pass speaking order after providing an opportunity of hearing to the petitioner and all other stakeholders. Learned counsel submits that, after receipt of order from this Court, Respondent No. 10/Gram Panchayat issued notices to the petitioner on 06.06.2025 and 08.07.2025, to which the petitioner submitted his detailed explanations on 13.06.2025 and
14.07.2025. However, without considering the explanations submitted by the petitioner and without passing any order, the respondents are trying to interfere with the peaceful possession and enjoyment of the property by deviating the orders of this Court dated 22.11.2023. '0'- ■: fk 6 NV,J W.P No.18093 of 2025 T
4. On the other hand, learned Standing Counsel for Respondent No. 10 placed on record, copy of the written instructions dated 16.07.2025 issued by the Assistant Engineer, R & B, Veeravasaram, wherein it is stated that the Village Surveyor, Bobbanapalli, Land Survey officer. Veeravasaram Mandal have conducted the Re-survey and verified that Tanneedi Ramakrishna, Bobbanapalli residing in R.S.No.91 and the Secretary, Gram Panchayat, Bobbanapalli issued notice after providing an opportunity of hearing the petitioner and to all the stakeholders duly implementing the orders of the Hon’ble High Court. Based upon the written instructions, learned Standing Counsel requested this Court to pass appropriate orders.
Considering the submissions made by both the counsel and on perusal of the material available on record, this Court is of the considered view that the writ petition can be disposed of, directing Respondent Nos.8 to 10 to consider the explanations submitted by the petitioner dated 13.06.2025 & 14.07.2025, and pass speaking order, in accordance with Section 98 of the Andhra Pradesh Panchayat Raj Act, 1994 and with reference to the order passed by this Court in W.P.No.30355 of 2023 dated 22.11.2023, within a period of four weeks from the date of receipt of copy of this
order. Till passing of speaking
order, the official
5.
7 NV,J W.P No.18093 Of 2025 respondents are hereby restrained from interfering with the peaceful possession and enjoyment of the property of the petitioner. Consequently, miscellaneous applications pending if any, shall
6. also stand dismissed.
Sd/- G. HELA NAIDU ASSISTANT REGISTRAR 3 //TRUE COPY// N^^ICER SECTIO To
1. The Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Thullur Mandal, Amaravati, Guntur District.
2. The District Collector, West Godavari District, Bhimavaram.
3. The District Panchayat Officer, West Godavari District, Bhimavaram.
4. The Divisional Panchayat Officer, Bhimavaram Division, Bhimavaram, West Godavari District.
5. The Executive Engineer, Roads and Buildings Department, Bhimavaram Division, Bhimavaram, West Godavari District.
6. The Assistant Engineer, Roads and Buildings Department, Veeravasaram, West Godavari District.
7. The Tahsildar, Veeravasaram Mandal, West Godavari District.
8. The Mandal Parishad Development Officer, (MPDO) Veeravasaram Mandal, West Godavari District.
9. The Extension Officer PR and RD, Veeravasaram Mandal, West Godavari District.
10. The Secretary, Gram Panchayat, Bobbanapalli, Bobbanapalli Village, Veeravasaram Mandal, West Godavari District.
11. One CC to Sri Rambabu Koppineedi, Advocate [OPUC]
12. One CC to Sri Y Koteswara Rao (SC for ZPPS, MPPS & GP), Advocate [OPUC]
13. Two CCs to GP for Panchayat Raj Rural Dev, High Court of Andhra Pradesh [OUT]
14. Two CCs to GP for Roads & Buildings, High Court of Andhra Pradesh [OUT]
15. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT]
16. Two CD Copies f TF
HIGH COURT DATED:16/07/2025
ORDER WP NO. 18093 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS