APHC010388962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 20105/2025 Between: 1. PAKKURTHI NAGESWARA RAO, S/O RAJA RAO, AGED ABOUT 50 YEARS, R/O TAMARAM VILLAGE, MAKAVARAPALEM MANDAL, ANAKAPALLI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT OF A.P., VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, AT ANAKAPALLI. 3. THE TAHASILDAR, MAKAVARAPALEM MANDAL, ANAKAPALLI DISTRICT. 4. THE MANDAL PARISHAD DEVELOPMENT OFFICER MPDO, MAKAVARAPALEM MANDAL, ANAKAPALLI DISTRICT. 5. LALAM SITA GAVIREDDY SITA, W/O KRISHNAMRAJU, AGED ABOUT 31 YEARS, R/O MARRIPALEM VILLAGE, NATHAVARAM MANDAL, ANAKAPALLI 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 Mandamus declaring the action of the 4TH respondent in issuing notice dt 18.06.2025 in respect of land to an extent of 67.37 Sq Yds in Sy No. 66/2 of Tamaram Village, Makavarapalem Mandal, Anakapalli District to the petitioner for enquiry when the matter is seized by the civil suit in O.S.No. 144 of 2023 in the court of the Principal Civil Judge ( Junior Division), Narsipatnam pending between the petitioner and respondent in respect of same subject land is illegal, arbitrary and violation of Art 14 and 21 of Constitution of India and consequently set aside the same 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 pleased to grant interim orders directing the respondents 2 to 4 not to interfere with the petitioner’s possession in an extent of 67.37 Sq Yds in Sy No.66-2 of Tamaram Village, Makavarapalem Mandal Anakapalli District pending disposal of above writ petition and pass Counsel for the Petitioner: 1. T V SRI DEVI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:20105/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the 4th respondent in issuing notice dt.18.06.2025 in respect of land to an extent of 67.37 Sq Yds in Sy.No.66/2 of Tamaram Village, Makavarapalem Mandal, Anakapalli District to the petitioner for enquiry when the matter is seized by the civil suit in O.S.No.144 of 2023 in the Court of the Principal Civil Judge, Junior Division, Narsipatnam, pending between the petitioner and respondent in respect of same subject land is illegal, arbitrary and violation of Art 14 and 21 of Constitution of India and consequently set aside the same and pass such other order or orders..” 2. Heard learned counsel for the petitioner and learned Government Pleader for respondent Nos. 1 and 2 and learned Standing Counsel for respondent Nos. 3 and 4 3. Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor of land to an extent of 67.37 Sq.Yds. in Sy.No.66/2 Tamaram Village, Makavarapalem Mandal, Anakapalli District. After having possession of the property, the petitioner got constructed a house and living in the subject house property since long time. While things stood thus, respondent No.5 herein is also claiming ownership rights against the subject property through sale deed dated 01.04.2022. He further submits that respondent No.3 issued proceedings dated 19.10.2020, wherein, it is admitted that the petitioner is in possession and enjoyment of the Ac.0.01 cents in Sy.No.66/2 and constructed a house thereon. He further submits that after acquisition of the property by respondent No.5, he filed a Suit vide O.S.No.145/2021 on the file of the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class at Narsipatnam seeking for declaration of title and possession, but later the Suit was dismissed as not pressed. After dismissal of the suit, the petitioner has been continuing in possession and enjoyment of the subject property. But to the surprise of the petitioner, the respondents issued a notice dated 18.06.2025 instructing the petitioner to attend for enquiry and explain the reasons pursuant to the complaint submitted by the respondent No.5 herein. For which, the petitioner attended for hearing and explained the reasons and substantiated his rights over the subject property. But without considering the said explanation, whatsoever and without following due process of law, respondent Nos. 3 and 4 and trying to interfere with the peaceful possession and enjoyment of the subject property of the petitioner. Hence, the writ petition. 4. On the other hand, learned Standing Counsel for the respondent Nos. 3 and 4 furnished written instructions dated 25.06.2025 issued by the respondent No.4, wherein, it is stated that pursuant to the notice issued by the Gram Panchayat dated 18.06.2025 both the parties appeared for hearing on 26.06.2025 and the petitioner herein was not able to furnish any of the documents to substantiate his title and possession over the subject property. But, respondent No.5 represented by her husband furnished documents and proved her title over the subject property. He further submits that if at all the respondents intend to interfere with the peaceful possession and enjoyment of the subject property of the petitioner, they would follow due process of law. 5. Considering the submissions made by both the learned counsel and on perusal of the written instructions furnished by respondent No.4, it is observed that the subject property was acquired by the respondent No.5 through a sale deed in the year 2022. It is further observed that before acquisition of the said property by respondent No.5, the petitioner has been in possession and enjoyment of the subject property as evident from the proceedings dated 19.10.2020. 6. In view of the foregoing discussion, the present writ petition is disposed of, directing the respondents not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner without following due process of law. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 04.08.2025 BSP 03 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.20105 of 2025 04.08.2025 BSP