APHC010371802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18853/2025 Between: 1. RAVVA SUBADRA,, W/O. APPARAO, D/O. BONI BANGARU APPADU, AGED 55 YEARS, R/O. TALLAVALASA, BHEEMUNIPATNAM, VISAKHAPATNAM. 2. BONI SURI BABU,, S/O. BONI BANGARU APPADU, AGED 48 YEARS, R/O. TALLAVALASA, BHEEMUNIPATNAM, VISAKHAPATNAM. 3. BONI BANGARU RAJU,, S/O. BONI BANGARU APPADU, AGED 46 YEARS, R/O. TALLAVALASA, BHEEMUNIPATNAM, VISAKHAPATNAM. 4. BONI PYDI RAJU,, S/O. BONI BANGARU APPADU, AGED 42 YEARS, R/O. TALLAVALASA, BHEEMUNIPATNAM, VISAKHAPATNAM. ...PETITIONER(S) AND 1. THE TAHSILDHAR, , BHEEMUNIPATNAM,VISAKHAPATNAM DISTRICT. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT. 3. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 4. INDUKURI MAHESH KUMAR, S/O.VENKATA SATYANARAYANA RAJU, HARMONY VENTURES, TALLAVALASA, BHEEMUNIPATNAM MANDAL. SRS,J W.P.No.18853 of 2025 ...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 Writ of Mandamus declaring the action of the officials of the tahsildar and other respondents in facilitating the 4th respondent and his men in laying an approach road through our lands in S.no.4/1 of Tallavalasa Village though the District Collector had permitted the 4th respondent to lay such culvert and approach road in the lands of Tatituru village only in an extent of Ac.0.23 14 cents in S.N0.86P (Ac.0.12 14 cents), S.No.89/1P(Ac.0.01/2 cents),S.No.93P(Ac.0.03Cents),S.No.94P(Ac.0.02 Cents) and S.No.283/1 P(Ac.0.0314cents) in which permission was not given to lay such road through our land in Tallavalasa Village and in not taking action against the 4th respondent resisting him not to do such illegal acts in violation of the proceedings of the District Collector in Computer No.331534/2022- Land-E4, dt.19.02.2023 as illegal, as illegal, arbitrary, unjust and in dereliction of their duties and to consequently direct the respondents and their men not to make any construction or approach road in S.no.4/1 of Tallavalasa Village, Bheemunipatnam mandal, Visakhapatnam district and to 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 t may be pleased to pass an interim order directing the respondents 1 to 3 not to allow the 4threspondent or anybody else to lay any approach road or culvert through our lands in S.no.4/1 of Tallavalasa Village, Bheemunipatnam mandal and to strictly adhere to the proceedings of the district collector in Computer No.331534/2022-Land-E4, dt.19.02.2023 in an extent of Ac.0.23 72 cents in S.N0.86P (Ac.0.12 72 cents), S.No.89/IP (Ac.0.01 72 cents), S.No.93P (Ac.0.03 Cents), S.No.94P (Ac.0.02 Cents) & S.No.283/1P (Ac.0.03 72 cents) of Tatituru Village only of Bheemunipatnam Mandal forth epurpose of laying any approach road or any oulvert during the pendenoy of this writ petition pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1. K SARVA BHOUMA RAO SRS,J W.P.No.18853 of 2025 Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: :: ORDER :: Heard Sri K. Sarvabhouma Rao, learned counsel for the petitioners and Sri G. Divya Theja, learned Assistant Government Pleader for Revenue, appeared for respondents 1 to 3. 2. The then Tahsildar, Bheemunipatnam Mandal, assigned Ac.0.45 cents in Sy.No.4/1 in favour of Sri Boni Bangarappadu i.e. father of the petitioners, on 25.03.1982. The petitioners have been in possession and enjoyment of the property. The District Collector – respondent No.2, issued proceedings vide Computer No.331534/2022-Land-E4, dated 19.02.2023 (Ex.P1) and accorded permission to respondent No.4 for formation of approach way by way of construction of culvert in the Government land in Sy.No.86p (Ac.0.13 ½ cents), Sy.No.89/1p (Ac.0.01 ½ cents), Sy.No.93p (ac.0.03 cents), Sy.No.94p (Ac.0.02 cents) & Sy.No.283/1p (Ac.0.03 ½ cents) of Tatituru Village, Bheemunipatnam mandal. 3. Learned counsel for the petitioners would submit that in the guise of the proceedings issued vide Ex.P1, respondents 1 & 4 are trying to interfere with the petitioners’ possession of the property. 4. Sri G. Divya Theja, learned Assistant Government Pleader for Revenue, on instructions, would submit that no part of the land of the petitioner has been used for the formation of a road or to construct the culvert. He would also submit that respondent No.1 is not interfering with the aforementioned land. The same is recorded. Page 4 of 5 SRS,J W.P.No.18853 of 2025 5. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing the respondents 1 & 4 not to interfere with the possession of the property of an extent of Ac.0.45 cents in Sy.No.4/1 of Tallavalasa Village, without following due process of law. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 25.07.2025 TVN SRS,J W.P.No.18853 of 2025 173 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.18853 OF 2025 Date : 25.07.2025 TVN