1 APHC010398952019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] SATURDAY, THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 19152/2019 Between: 1. GOGU SAVITRI,, W/O. LATE KONDALA RAO,HINDU, AGED ABOUT 73 YEARS, HOUSE WIFE, RIO. D.NO. 3-25, PANCHAYAT ROAD, TATIPAKA VILLAGE, RAZOLE MANDAL, EAST GODAVARI DISTRICT, A.P. 2. GOGU LENIN RAO,, S/O. LATE KONDALA RAO, HINDU, AGED ABOUT 41 YEARS, R/O. D.NO. 3-25, PANCHAYAT ROAD,TATIPAKA VILLAGE, RAZOLE MANDAL, EAST GODAVARI DISTRICT, A.P. 3. GOGU MOHAN,, S/O. LATE KONDALA RAO, HINDU, AGED ABOUT 33 YEARS, R/O. D.NO. 3-25, PANCHAYAT ROAD, TATIPAKA VILLAGE, RAZOLE MANDAL, EAST GODAVARI DISTRICT, A.P. 4. K.UDAYA KUMARI,, D/O. LATE KONDALA RAO, HINDU, AGED ABOUT 31 YEARS, R/O. D.NO. 3-25, PANCHAYAT ROAD, TATIPAKA VILLAGE, RAZOLE MANDAL, EAST GODAVARI DISTRICT, A.P. 5. B.JHANSHI LAKSHMI BAYI,, D/O. LATE KONDALA RAO, HINDU, AGED ABOUT 46 YEARS, HOUSE WIFE, R/O. MOGALIKUDURU, MAMIDIKUDURU MANDAL, EAST GODAVARI DISTRICT, A.P. 6. K.RAVIKUMARI,, D/O. LATE KONDALA RAO, HINDU, AGED ABOUT 43 YEARS, R/O. CHINTAPALLI, RAZOLE MANDAL, EAST GODAVARI DISTRICT, A.P. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR 2 DISTRICT. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, KAKINADA, A.P. 3. THE REVENUE DIVISIONAL OFFICER, RAZOLE, EAST GODAVARI DISTRICT, A.P. 4. THE TAHSILDAR, RAZOLE MANDAL, EAST GODAVARI DISTRICT. 5. TATIPAKA GRAMA PANCHAYAT, REP. BY ITS EXECUTIVE OFFICER, TATIPAKA. TATIPAKA, RAZOLE MANDAL, EAST GODAVARI DISTRICT, 6. THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION SECTION, TATIPAKA, RAZOLE MANDAL, EAST GODAVARI DISTRICT, PIN. 533 249, A.P. ...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 respondents in not giving any notice to the petitioners which offends principles of natural Justice is highly arbitrary, illegal and bad under Article 14 of the Constitution of India and direct the respondents not to demolish the shop constructed by petitioners with the permission of Gram Panchayat, Tatipaka with building assessment No.2706, in an extent of 0-1 Cent of land in R.S.No. 226/1 of Tatipaka Village and Grama Panchayat, Razole Mandal of East Godavari District, without following due process of law is bad and illegal and consequently set aside the illegal action. IA NO: 1 OF 2019 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 to direct the respondents not to demolish and not to dispossess the petitioners from the building assessment No. 2706, in an extent of 0-1 cent of land in R.S. No. 226/1 of Tatipaka Village and Gram Panchayat, Razole Mandal, East Godavari District. IA NO: 1 OF 2023 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 to grant leave to the petitioner 3 herein /respondent No.5 in WP.No.19152 of 2019 to file counter affidavit in the above writ petition and pass. Counsel for the Petitioner(S): 1. K SUBRAHMANYAM Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 3. GP FOR IRRI AND CAD (AP) The Court made the following: 4 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.19152 of 2019 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “..to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS under Article 226 of the Constitution of India declaring the action of the respondents in not giving any notice to the petitioners which offends principles of natural Justice is highly arbitrary, illegal and bad under Article 14 of the Constitution of India and direct the respondents not to demolish the shop constructed by petitioners with the permission of Gram Panchayat, Tatipaka with building assessment No.2706, in an extent of 0-1 Cent of land in R.S.No. 226/1 of Tatipaka Village and Grama Panchayat, Razole Mandal of East Godavari District, without following due process of law and pass...” 2. Heard the learned counsel for the petitioners, the learned Assistant Government Pleader and the learned Standing Counsel for appearing for respondents. 3. The case of the petitioners are that the petitioners have constructed a petty shop in an extent of Ac.0.01 cents of land each in Survey No.226/1 of Tatipaka Village and Gram Panchayat, Razole Mandal, East Godavari District and have been eking out their livelihood through their respective profession. While so, 5 without issuing any prior notice and without observing the principles of natural justice, the 5th respondent Gram Panchayat is trying to remove or evict the petitioner from the subject shop. Hence, the present Writ Petition. 4. The learned Standing Counsel for the 5th respondent Gram Panchayat has filed a counter affidavit, wherein it is stated in para-4 and further stated that the respondents are not interfering with the petitioners and not taking any steps for removal or eviction of the petitioners, it is only apprehension of the petitioners. 5. Considering submissions of the learned counsel for the petitioners and learned Standing Counsel appearing for the respondents as stated in the counter affidavit that the respondents are not interfering with the subject property of the petitioners, as observed it is apprehension of the petitioners, if the 5th respondent intends to take any action, it shall be followed due process of law. 6. In view of the observations, the Writ Petition is disposed of, granting liberty to the respondents if they intend to proceed further they shall follow due process of law. 6 7. With the above directions, the writ petition is disposed of. There shall not order as to costs. As a sequel, interlocutory applications if any pending, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date: 30.08.2025 SR 7 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.19152 of 2019 Date: 30.08.2025 SR