APHC010391582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 20368/2025 Between: 1. PULPARTHI LAKSHMI SRINIVASA RAO, S/O. SWAMY NAIDU (LATE), AGED 43 YEARS OCC. AGRICULTURE, R/O. D.NO. 1-90/3, PASALADEEVI VILLAGE, NARASAPUR MANDAL, WEST GODAVARI DISTRICT. 2. KONDAVETI SRINIVASA RAO,, S/O. KRISHNA MURTHY, AGED 55 YEARS, OCC. AGRICULTURE, R/O. D.NO. 2-75, PASALADEEVI VILLAGE, NARASAPUR MANDAL, WEST GODAVARI DISTRICT. 3. MOKANAGAVENI,, W/O. MOKA SIVAYYA, AGED 55 YEARS, OCC. HOUSEWIFE, R/O. D.NO. 1-190/4, PASALADEEVI VILLAGE, NARASAPUR MANDAL,WEST GODAVARI DISTRICT. 4. VATHADI VENKATA LAKSHMI,, W/O. VATHADIRAMADASU, OCC. HOUSEWIFE, R/O. D.NO. 2-268, PASALADEEVI VILLAGE, NARASAPUR MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS,VELAGAPUDI, THULLUR MANDAL,AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, BHIMAVARAM. 2 3. THE REVENUE DIVISIONAL OFFICER, NARASAPUR DIVISION, NARASAPUR, WEST GODAVARI DISTRICT. 4. THE TAHSILDAR, NARASAPUR MANDAL, WEST GODAVARI DISTRICT. 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER, (MPDO) NARASAPUR MANDAL, WEST GODAVARI DISTRICT. 6. THE EXTENSION OFFICER PR AND RD, NARASAPUR MANDAL, WEST GODAVARI DISTRICT. 7. THE PASALADEEVI GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, PASALADEEVI VILLAGE, NARASAPUR 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 an order, writ or direction more particularly in the nature of Writ of MANDAMUS declaring the action of the respondent authorities in attempting to dispossess the Petitioners from their residential houses and house sites i.e., 1st Petitioner's house and house site bearing Door No. 1- 190/3, Assessment No. 222 in Sy.No. 13/2 to an extent of Ac.0- 17 Cents, 2nd Petitioner's house site in Sy.No. 13-3 to an extent of Ac. 0-19 Cents, 3rd Petitioner's residential house in bearing Door No. 1-224, Assessment No.224 in Sy.No. 13/3 to an extent of Ac.0-03 Cents and 4th Petitioner's residential house and house site land in bearing Door No. 1-223, Assessment No. 223 in Sy.No. 13/3 to an extent of Ac.0-05 Cents situated at Pasaladeevi Village, Lingaboinacharla Revenue Village, Narasapur Mandal, West Godavari District without giving any notice and without following due process of law and without initiating land acquisition proceedings under Act 30 of 2013 as illegal, arbitrary, 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 Petitioners peaceful possession and enjoyment of their residential houses and house sites without initiating land acquisition proceedings 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 direct the respondent authorities not to disturb and interfere with 3 the peaceful possession and enjoyment of the Petitioners from their residential houses and house sites i.e., 1®* Petitioner’s house and house site bearing Door No. 1-190/3, Assessment No. 222 in Sy.No. 13/2 to an extent of Ac.0-17 Cents, 2 Petitioner’s house site in Sy.No.13-3 to an extent of Ac. 0-19 Cents, 3'^'' Petitioner’s residential house in bearing Door No. 1-224, Assessment No.224 in Sy.No. 13/3 to an extent of Ac.0-03 Cents and 4*^ Petitioner’s residential house and house site land in bearing Door No. 1-223, Assessment No. 223 in Sy.No. 13/3 to an extent of Ac.O- 05 Cents situated at Pasaladeevi Village, Lingaboinacharla Revenue Village, Narasapur Mandal, West Godavari District in any manner including the removal of coconut trees and closing of their way to approach their houses and pass Counsel for the Petitioner(S): 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 20368/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in attempting to dispossess the petitioners from their residential houses and house sites i.e., 1st petitioner's house and house site bearing Door No.1- 190/3, Assessment No.222 in Sy.No. 13/2 to an extent of Ac.0-17 Cents, 2nd petitioner's house site in Sy.No.13-3 to an extent of Ac.0-19 Cents, 3rd petitioner's residential house in bearing Door No.1-224, Assessment No.224 in Sy.No. 13/3 to an extent of Ac.0-03 Cents and 4th petitioner's residential house and house site land in bearing Door No.1- 223, Assessment No. 223 in Sy.No.13/3 to an extent of Ac.0-05 Cents situated at Pasaladeevi Village, Lingaboinacharla Revenue Village, Narasapur Mandal, West Godavari District without giving any notice and without following due process of law and without initiating land acquisition proceedings under Act 30 of 2013 as illegal, arbitrary, 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 petitioners peaceful possession and enjoyment of their residential houses and house sites without initiating land acquisition proceedings and pass such other order.” 2. Heard the learned counsel for the petitioners and the learned Standing Counsel for respondent Nos.5 to 7. 5 3. Learned counsel for the petitioners submits that the 1st petitioner is the absolute owner and possessor of the house property i.e., D.No.1-190/3, Assessment No.222 in Sy.No.13/2 to an extent of Ac.0.17 cents of Pasaladeevi Village, Lingaboinacharla Revenue Village, Narasapur Mandal. The 2nd petitioner is the absolute owner and possessor of the house property admeasuring to an extent of Ac.0.19 cents in Sy.No.13-3 of Pasaladeevi Village, Lingaboinacharla Revenue Village, Narasapur Mandal. The 3rd petitioner is the absolute owner and possessor of the house property i.e., D.No.1-224, Assessment No.224 in Sy.No.13/3 to an extent of Ac.0.03 cents of Pasaladeevi Village, Lingaboinacharla Revenue Village, Narasapur Mandal. The 4th petitioner is the absolute owner and possessor of the house property i.e., D.No.1-223, Assessment No.222 in Sy.No.13/3 to an extent of Ac.0.05 cents of Pasaladeevi Village, Lingaboinacharla Revenue Village, Narasapur Mandal and then petitioners acquired the above said respective properties by way of acquisition through a separate registered sale deeds and partition deed. After such acquisition, the petitioners got constructed houses and they have been in possession and enjoyment of their respective house properties. While so, on the guise of the survey in respect of burial ground situated in Sy.No.13/1, the respondent authorities are taking steps to dispossess the petitioners from their respective house properties without following due process and 6 without adhering to the principles of natural justice. Hence, the present Writ Petition. 4. On the other hand, learned Standing Counsel for respondent Nos.5 to 7 furnished written instructions issued by the 7th respondent, wherein it is stated as follows: “The Gram Panchayat, Pasaladeevi has requested this respondent to survey burial ground measuring an extent of Ac.1.37 cents in RS.No.13/1 of Pasaladevi Panchayat of L.B. Cherla Revenue Village and therefore, this respondent got surveyed the burial ground in the subject extent. It is also submitted that the petitioners are having houses and house sites in their own lands in RS NO.13/2, 13/3 of Pasaladeevi Panchayat of L.B.Cherla Revenue Village of Narsapuram Mandal of West Godavari District. But the staff of survey have not surveyed the land of the petitioners existed in RS Nos.13/2, 13/3. The properties of the petitioners are existed in their own Zeroyiti lands. But, with an apprehension, that the respondent authorities may dispossess the petitioners from their residential houses and hose sites, the petitioners have filed the present Writ Petition.” 5. Considering the submissions made by both the learned counsel and on perusal of the written instructions issued by the 7th respondent and the material placed on record, the fact remains that the petitioners acquired their ownership rights through registered title deeds from their respective vendors/predecessors. The property tax 7 receipts filed by the petitioners also reveals that they have been in possession and enjoyment of their respective house properties. The contention of the learned counsel for the petitioners that the respondent authorities are taking steps to dispossess the petitioners without following due process of law is appears to be an apprehension only. While furnishing the written instructions, the 7th respondent specifically stated and admitted that the petitioners are the owners of their house sites in Sy.Nos.13/2, 13/3, which are classified as private zeroyithi lands and the respondents are not taking any steps for dispossession as apprehended by the petitioners. On the other hand, the respondents got surveyed the land in respect of burial ground situated in survey No.13-1 admeasuring to an extent of Ac.1.37 cents. Further, the allegation of the petitioners that the respondents are trying to interfere with the peaceful possession and enjoyment of the petitioners is only an apprehension, since the respondents clearly and categorically admitted the ownership of the petitioners. Further the respondents also stated that they are not taking any steps for dispossession of the petitioners. Therefore, if the respondents intend to take any steps for survey and demarcation in respect of properties of the petitioners, while conducting any survey in respect of burial ground they shall follow due process of law as contemplated under the provisions of A.P. Survey and Boundaries Act, 1923. 8 6. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 0055..0088..22002255 TTPPSS 9 55 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:20368 of 2025 0055..0088..22002255 TTPPSS 10