I i IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 641 OF 2025 Between: K Kumar Naidu, S/o K. Siddaiah Naidu, Aged about 52 Cultivation, R/o Diguva Jupalli H/o Ganugachintha, Mandal, Chittoor District years, Occ Rompicherla ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Chittoor District at Chittoor 3. The Tahsildar, Rompicherla Mandal, Chittoor District 4. A. Venkatramana @ A. Babu, S/o Late A. Narayana, Aged about 45 years, R/o Diguva Jupalli H/o Ganugachinta Village, Rompicherla Mandal, Chittoor 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 be pleased to issue may a WRIT OF MANDAMUS declaring the impugned notice of the Respondent No.3 vide R.O.C.B.Nil/2024, Dt. 27.12.2024 issued to the petitioner, to submit all the records pertaining to the property to an extent of Ac.0-25 cents situated at Sy.No.1008 of Ganugachinta Village, Rompicherla Mandal, Chittoor District on 02.01.2025, on the representation of the Respondent No.4 and other villagers of Diguva Jupalli and Aguva Jupalli villages with the allegation of encroachment of the path by the petitioner, inspite of an interim injunction in I.A.No.l067 of 2024 in O.S.No.315 of 2024 by the Principal Civil Judge (Junior Division), Filer, is without having any power or jurisdiction and is nothing but illegal, highhanded and contrary to the well-established legal principles apart from being violative of fundamental and constitutional rights guaranteed under articles 14, 21 and 300-A of the Constitution of India and set aside the same and consequently direct the Respondent No.3 not to interfere with the peaceful possession and enjoyment of the petitioners property forthwith. -'i- 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 Fligh Court may be pleased to SUSPEND the impugned notice of the Respondent No.3 vide R.O.C.B.Nil/2024, Dt. 27.12.2024, pending disposal of the Writ petition before this Flon’ble court. Counsel for the Petitioner(s): SRI. SURESH KUMAR REDDY KALAVA Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE Counsel for the Respondent No.4: NONE APPEARED The Court made the following: ORDER [3328] APHC010005982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WF FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 641/2025 Between; 1.K KUMAR NAIDU, S/0 K. SIDDAIAH NAIDU YEARS, OCC CULTIVATION GANUGACHINTHA, DISTRICT AGED ABOUT 52 R/0 DIGUVA JUPALLI H/0 ROMPICHERLA MANDAL, CHITTOOR ...PETITIONER AND 1 THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS DEPARTMENT, REVENUE PRINCIPAL SECRETARY SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, CHITTOOR DISTRICT AT CHITTOOR 3.THE TAHSILDAR, ROMPICHERLA MANDAL, CHITTOOR DISTRICT 4.A VENKATRAMANA A BABU, S/0 LATE A. NARAYANA, AGED ABOUT 45 YEARS, R/0 DIGUVA JUPALLI H/0 GANUGACHINTA VILLAGE, ROMPICHERLA MANDAL, CHITTOOR DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): \ A 1.GP FOR REVENUE The Court made the following: ORAL ORDER: Heard Sri P.Anand Sai, learned Counsel appearing on behalf of Sri Suresh Kumar Reddy Kalava, learned Counsel for the Petitioner and Sri K.Arjun Chowdary, learned Assistant Government Pleader. 2. Learned Counsel for the Petitioner submits that the Petitioner has filed O.S.No.315 of 2024 for permanent injunction on the file of the Principal Civil Judge (Junior Division), Piler. Learned Counsel for the Petitioner would also submit that the Writ Petitioner has filed I.A.No.1067 of 2024 seeking temporary injunction. Vide order dated 13.11.2024 Principal Civil Judge (Junior Division), Piler was pleased to grant Ad-Interim temporary injunction against the Defendants therein not to demolish the compound wall. 3. The present Writ Petition is filed challenging the Notice issued by the Tahsildar, Rompicherla Mandal, Chittoor District dated 27.12.2024 (Ex.P1) directing the Writ Petitioner to remove the encroachments made by the Writ Petitioner and his brothers in Sy.No.1008 of Ganugachinta Village, Rompicherla Mandal and to maintain four feet path as mentioned in the plan. The said Notice was issued directing the Writ Petitioner to appear before the Tahsildar at 10:30 A.M on 02.01.2025. It is the submission of the learned Counsel for the Petitioner that the Petitioner has attended the enquiry on the scheduled date and had also submitted an explanation on 31.12.2024. The i; present Writ Petition is filed seeking protection apprehending that the Official Respondents may demolish the compound wall built by the Petitioner. Government Pleader has submitted Written the Tahsildar of Rompicherla Mandal dated 4. Learned Assistant Instructions furnished by 10.01.2025. A copy of it has been served on the learned Counsel for the Petitioner. The same is taken on record. The relevant portion of the Written Instructions is usefully extracted hereunder; “3 It is submitted that, the Writ Petitioner has constructed a house on own place. But, in the process of construction of house the petitioners has constructed compound wall and laid foundations across the plan marked foot path 4 foot passing through the agricultural fields including in Sy. No. 1008 of Ganugachina Village Village from East to West which is being used for ingress and egress of the villagers of DiguvaJupalli of Ganugachintha Village since times immemorial to go to ^boir lelds for conducting agricultural operations and extended four feet both sides and provided road as per their convenience to easily passing tractor, JOB and lorry etc., 4. It is submitted that, writ Petitioner Sri. K. Kumar Naidu and his brothers not being provided and also encroached 4 feet of breadth and 35 feet of length road in Sy. No. 1008 and also he built compound wall by bury of government hand bore and constructed a 4 feet height compound wall hence could not be able to pass 4 or 6 wheeler and he causing trouble by making it difficult to bring home the harvested crops through bullock carts, tractors and lorries etc.. Hence the Villagers of Ganugachinta have requested the said compound wall and to provide sufficient road to pass 4 and 6 wheeler. ” I to remove Written Instructions, this Court is not Having regard to the above inclined to entertain the present Writ Petition. Accordingly this Writ Petition is 5. the Respondent Authorities are directed to consider the 31.12.2024 objectively and in dismissed. However, explanation submitted by the Writ Petitioner on accordance with law and pass a final reasoned Order expeditiously, preferably 4 within a period of three weeks frorn today. Needless to state that the Official Respondents are statutorily obligated to adhere to the Principles of Natural Justice by issuing advance Notice to all the interested parties including the Petitioner herein, consider their submissions/objections and documents, if any, before passing the final Order. With these observations and directions, this Writ Petition stands 6. disposed of. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. 7. Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// -mtcffncER SEC To, 1. The Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Chittoor District at Chittoor 3. The Tahsildar, Rompicherla Mandal, Chittoor District 4. One CC to Sri. Suresh Kumar Reddy Kalava Advocate [OPUC] 5. Two CCs to GP For Revenue ,High Court Of Andhra Pradesh. [OUT] 6. THREE CD Copies AL HIGH COURT DATED:10/01/2025 ORDER ^ ANOrt^ WP.No.641 of 2025 2 7 IAN 2225 P. ^ ^ . Current seciion £gSPATC^g?2 DISPOSING THE WP WITHOUT COSTS